Authored By: Arshique Rizvi
Amity Law School, Amity University Patna
Introduction
The idea of a Uniform Civil Code (UCC) is one of the most contested yet constitutionally endorsed aspirations in India’s legal framework. Enshrined in Article 44 of the Constitution of India, the UCC mandates the State to endeavor to secure for its citizens a common set of civil laws irrespective of religion. However, decades after independence, India continues to follow separate personal laws for various religious communities, primarily in matters of marriage, divorce, inheritance, and adoption.
This article explores the constitutional vision behind the UCC, evaluates judicial pronouncements, and discusses the practical and socio-political challenges to its implementation, while providing references in accordance with The Bluebook: A Uniform System of Citation (21st ed.).
I. Constitutional Vision of UCC
Article 44: Directive Principle
Article 44 of the Indian Constitution reads:
“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
This provision forms part of the Directive Principles of State Policy (DPSP) in Part IV of the Constitution. Although non-justiciable, these principles are considered fundamental in the governance of the country.
Constituent Assembly Debates
The inclusion of Article 44 led to intense debates during the framing of the Constitution. Dr. B.R. Ambedkar, supporting the UCC, stressed that the State should have the power to legislate on secular civil matters. Others like Mohammad Ismail opposed it, fearing encroachment on religious freedom under Article 25.
Constituent Assembly Debates, Vol. VII, Nov. 23, 1948, at 547–56.
II. Judicial Interpretations and Support
Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 SCC 556
In this landmark case, the Supreme Court upheld the right of a Muslim woman to claim maintenance under Section 125 CrPC, despite personal law to the contrary. The Court called for the enactment of a UCC:
“A common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.”
Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 S.C.C. 556 (India).
Sarla Mudgal v. Union of India, (1995) 3 SCC 635
Here, the Court dealt with the issue of religious conversion to Islam for the purpose of polygamy. The Court stressed the urgency for a UCC, highlighting how personal laws enabled misuse and injustice.
Sarla Mudgal v. Union of India, (1995) 3 S.C.C. 635 (India).
John Vallamattom v. Union of India, (2003) 6 SCC 611
The petitioner challenged Section 118 of the Indian Succession Act, 1925, alleging discrimination against Christians. The Court struck it down as unconstitutional and reiterated the need for UCC:
John Vallamattom v. Union of India, (2003) 6 S.C.C. 611 (India).
III. Rationale for Implementing a UCC
Gender Justice and Equality
Personal laws are often patriarchal and discriminatory:
– Muslim personal law allowed triple talaq, which was held unconstitutional in Shayara Bano v. Union of India, (2017) 9 SCC 1.
– Hindu Succession Act, 1956, prior to the 2005 amendment, discriminated against daughters.
Shayara Bano v. Union of India, (2017) 9 S.C.C. 1 (India).
The Hindu Succession (Amendment) Act, 2005, No. 39, Acts of Parliament, 2005 (India).
- Legal Uniformity
India follows a single criminal code (IPC and CrPC) for all citizens, but multiple civil codes based on religion. A UCC would remove such fragmentation and bring coherence. - National Integration
A UCC could foster a sense of unity among citizens by affirming that personal law is subject to constitutional principles, and not religious dogma.
IV. Practical and Political Challenges
Religious Pluralism and Article 25
Critics argue that the UCC infringes upon Article 25 of the Constitution, which guarantees the freedom of religion.
However, the Supreme Court in Bijoe Emmanuel v. State of Kerala, (1986) 3 SCC 615 held that religious freedom does not override public order, morality, and health.
Bijoe Emmanuel v. State of Kerala, (1986) 3 S.C.C. 615 (India).
- Community Resistance
– Muslim organizations fear loss of religious identity.
– Tribal communities want protection of customary laws (under Fifth and Sixth Schedules). - Political Will and Polarization
UCC has been used as an electoral issue, rather than a social reform tool. It is often viewed as a majoritarian agenda, especially by minorities. - Diverse Practices Within Communities
Even within religious groups, practices differ—e.g., Hindus in the northeast follow customary laws. Implementing a single code is thus legally complex.
V. Recent Developments
Law Commission Reports
– 21st Law Commission (2018) opined that a UCC is “neither necessary nor desirable at this stage,” but recommended reform in personal laws.
Law Commission of India, Consultation Paper on Reform of Family Law (2018), https://lawcommissionofindia.nic.in/reports/CPonReformFamilyLaw.pdf.
– In 2023, the 22nd Law Commission restarted consultations for UCC, indicating renewed legislative interest.
Uttarakhand UCC Bill, 2024
Uttarakhand became the first state to pass a Uniform Civil Code Bill covering marriage, divorce, live-in relationships, adoption, and inheritance. Other states like Gujarat and Assam have expressed interest.
The Uttarakhand Uniform Civil Code Bill, 2024 (Bill No. 01 of 2024) (India).
VI. The Way Forward
- Gradual and Inclusive Reform
The State could adopt a phased approach, reforming existing personal laws and codifying them to reflect constitutional values—especially gender equality and non-discrimination. - Stakeholder Consultation
Genuine dialogue with religious leaders, women’s groups, and legal experts is essential for building consensus. - Harmonizing Fundamental Rights and DPSP
The Supreme Court in Minerva Mills v. Union of India, A.I.R. 1980 S.C. 1789, held that Part III (Fundamental Rights) and Part IV (DPSP) are complementary. The UCC should be framed to respect both.
Minerva Mills Ltd. v. Union of India, A.I.R. 1980 S.C. 1789 (India).
Conclusion
The Uniform Civil Code is not merely a legal reform—it is a constitutional commitment toward ensuring equality, unity, and justice. However, its path is riddled with practical complexities, religious sensitivities, and political hurdles.
Rather than imposing a one-size-fits-all law, India must strive for context-sensitive, participatory, and inclusive legal reform that upholds the values enshrined in the Constitution. A well-crafted UCC, respecting both diversity and dignity, can indeed serve as a milestone in India’s journey toward true secularism and legal uniformity.
