Article 44 of the Constitution of India reads, The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. The ideology-driven BJP has emphasized the words uniform civil code (UCC). That is understandable, but we cannot overlook the words citizens and throughout the territory of India.

The intent of the Constitution is that every citizen has the right to reside or settle in any place in India and the citizen should be governed by the same civil code in all places. The State’s obligation is to secure that right for all citizens. Parliament has, by and large, fulfilled that obligation — citizens of India are governed by the same law of contracts, the same law of limitation, the same procedure in any civil court, and the same law in matters concerning the citizen’s civil life (as opposed to criminal matters).

Parliament can certainly undertake the task of making laws on other civil aspects, like marriage, divorce and succession. However, it was presumptuous on the part of the state of Uttarakhand to take upon its shoulders the responsibility to make a law on marriage and divorce or succession and inheritance. In the first place, Uttarakhand cannot ensure that the law will apply to all citizens of India. Even in respect of persons born in Uttarakhand, the state law will apply only as long as........

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