THE JOURNEY OF UNIFORM CIVIL CODE: A STUDY IN THE VIEW OF JUDICIAL PRONOUNCEMENTS
By Prashasti Patwa
The preamble of the Constitution of India propounds Justice, Liberty and Equality to all its citizens. Directive Principles of State Policy (DPSPs) assures the promotion of fraternity by promoting dignity of the individual and unity and integrity of the nation. The Uniform Civil Code (hereinafter referred as UCC) is a mandate upon the state given under Article-44 as one of the DPSPs and if enacted will deal with the personal laws of all the religious communities.
India is a secular state but there are different communities and religions that are governed by their specific codes along with the customs, traditions and usages. While this diversity is appreciated various problems of integration and governance arises.
Ever since from the drafting stage of the Constitution of India and even prior to that, there has always been a question of debate whether India, being a secular and democratic state, should have a UCC in the country or not? Whether it should continue to allow people of various religions to be governed by their personal and customary laws? In Article-44 an attempt has been made to achieve uniformity in the laws governing the personal life of the people. But the failure of the State to achieve uniformity and implementation of UCC gives rise to a question whether this failure is because Article-44 has been reduced to merely directive in nature and not mandatory? Also, whether judiciary has played any role towards the implementation of Uniform Civil Code in India?
Uniform civil code, Article 44, Judicial trends, Constitution of India.
|Information||Lex Humanitariae: Journal for a Change, Volume II issue IV, Pages 325-332|
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