One Nation One Code: The Debate On Uniform Civil Code

India is a country of immense diversity-people wear different clothes, speak multiple languages, and enjoy varied cuisines. Within just 20 kilometers, culture can change dramatically: from Dusshera being celebrated by burning the effigies of Ravan in north India to Gadchiroli(Maharashtra) where Ravan worshipped as the staunch devotee of lord Shiva. India is not only a democracy but also a secular nation, where traditions, inclusivity and patriotism coexist.

Yet, what happens when the same secularism, means to unite, ends up dividing people? After independence, India embraced the principle of “unity in diversity”, but one challenge remained: different personal laws governing different religions. These included shariat application Act, 1937, the Indian Christian Marriage Act, 1872, the Hindu Widow Remarriage Act, 1856 and the Bengal Hindu Inheritance Act, 1865. Many of these laws were crafted during British rules to govern different communities.

The struggle for a uniform civil code began with the maker of the constitution. Dr.BR Ambedkar, the chief architect, envisioned article 35(later article 44) as a step toward codifying personal laws into a single, uniform framework[1]. However, it took 78 years for India to adopt the UCC in one state- Uttarakhand, on 17 January, 2025.

Today around 200-300 personal laws still govern India’s diverse communities. The UCC not only aims to codify these laws but also to united people through shared solutions to common problems. Yet, the question remains: Is India ready to implement UCC nationwide or does the nation still need more time?

Introduction:

The Real Meaning of Uniform Civil Code

The term civil code refers to a set of laws that govern such as property, contracts, and civil procedures. In India these are covered under legalization like the ICA, 1872[2], the CPC, 1908[3] and the TPA, 1882[4]. These laws apply equally to all citizens, irrespective of religion.

However, the word uniform in Uniform Civil Code (UCC) represents a vision – a single set of laws that would apply equally to all citizens in matter of family law as well, including marriage, divorce, inheritance and adoption.

Article 44 of the Indian constitution states that “the state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” Yet, despite its inclusion in the constitution, the UCC has largely remained a matter of debate rather than implementation. From the discussions in the Constituent assembly in 1948 to the parliamentary debates of 2025, the road to implementing UCC has filled with hurdles, demanding a balanced and sensitive approach.

History of the Uniform Civil Code (UCC)

1. The National Planning Commission

The idea of a Uniform Civil Code was discussed even before India’s independence. From the 1940s onwards, the National Planning Commission formed by the Indian National Congress explored the concept of uniformity in personal laws[5]. Under the chairmanship of Laxmibai Rajwade, a sub- committee was set up to examine the status of women and recommend reforms for gender equality. Although the planning commission initially introduced UCC as a proposal, it gradually evolved into an aspiration for a more egalitarian legal system.

2. UCC as a fundamental Right

One of the major obstacles to India’s unity after independence was the continuation of personal laws based on religion, which divided citizens into separate compartments. The drafters of constitution believed that a Uniform Civil Code could strengthen the idea of nationhood by ensuring equality before law[6].

The debate on UCC began during the drafting of the constitution. On 30^th march 1947, the sub- committee on Fundamental Rights introduced the idea of including UCC as a fundamental right. Prominent members such as Hansa Mehta, Minoo Masani , K.M. Munshi , BR Ambedkar, and Rajkumari Amrit Kaur advocated strongly for its inclusion. However they faced criticism from some members who feared UCC would infringe upon religious freedom guaranteed under Article 25-28(Right to profess, practice and propagate religion)

Despite the opposition, the subcommittee made one final attempt in July 1947 by writing letter to Vallabhbhai Patel, the chairman of the Advisory Committee, urging him to make UCC an enforceable right. However their efforts did not succeed. Eventually, the proposal was placed before the drafting committee, where minor changes were made, and the idea was adopted as Article 35(later renumbered as Article 44) in the directive principle of state policy on 21 February 1948.[7]

3. The Debate Around UCC

Interestingly, the strongest defenders of the UCC came from diverse religious backgrounds- a Dalit ( DR. B.R. Ambdekar), a devout hindu ( K.M. Munshi),  a parsi  (Minoo Masani) , a Christian ( Rajkumari Amrit Kaur) and a Gujarati Brahmin ( Hansa Mehta). They believed that a common civil code was essential for gender equality and national integration.

Among them, Dr. Ambedkar and K.M. Munshi were particularly vocal. They countered arguments that the UCC would violate religious freedom or discriminate against minorities. Both argued that the UCC would apply equally to all – Hindus, Muslims and others- and its purpose was to unify people, not divide them.

On 2^nd December 1948, Dr. Ambedkar concluded the Constituent assembly debate by assuring members that any future implementation of UCC would respect the aspirations of all communities. He emphasized that UCC would be applied only to those who voluntarily chose to be governed by it[8]. K.M. Munshi also clarified that UCC was not about interfering with religion but about legislating social relations- marriage, divorce, succession, and adoption- which form the foundation of human society.

4. UCC and the idea of secularism

The word “secularism” is often misunderstood as being anti-religious, but it simply means equal respect for all religions. Mahatma Gandhi believed that politics must be guided by ethics derived from religion – not from any particular faith, but from the moral values shared by all. His philosophy of Sarva Dharma Sambhav( equal treatment for all religions) resonates deeply with the spirit of UCC.

Although the UCC was not implemented despite the support of India’s first law minister (Dr. B.R. Ambedkar) and the first prime minister (Jawaharlal Nehru), it become a guiding principle for future legislatures.

Rhetoric against the UCC

For centuries, there has been a misconception that the implementation of the Uniform Civil Code (UCC) would undermine the rights of minorities and harm the basic structure of the constitution. Many believe if the UCC imposed, the religious and cultural values of minority communities will be compromised.

During the Constituent assembly debates in 1948, M. Muhammad Ismail, one of its members, criticized the idea of a UCC by arguing that the right to follow personal law is an essential part of the freedom of religion guaranteed under article 25-28 of the Indian Constitution. He cautioned that state interference in matter of religion and culture would amount to a violation of these rights.[9] However, the same constitution also vests the parliament with wide legislative powers under article 245, allowing it to make laws for the entire territory of India.

Concerns of Minority Communities

Some fear that the UCC would impose the majority’s laws on minority communities, thereby suppressing their traditions. However, a truly inclusive UCC would consider the cultural and religious sensitivities of all communities. It should be drafted after consulting every stake holder- ensuring that the minority voices are represented and respected. With awareness, dialogue and inclusivity the UCC can be framed in its true constitutional spirit.

Is UCC Against the Constitution?

It is often argued that the UCC is unconstitutional. Yet, if that were true it would not have found its roots in article 44 of the DPSP and Entry NO.5 of the concurrent list, which empowers both the state legislature and the parliament to enact laws on marriage, divorce, adoption and succession.

Goa serves as a practical example – it has followed a uniform civil code since 1961, after its integration into India. More recently, Uttarakhand become the first Indian state after independence to pass its own Uniform civil code in 2025, reflecting that the idea is constitutional and adaptable within India’s federal framework.

Thus, the UCC is not a sword but a shield to protect, progress and prosper the nation. The major hurdle in implementing the UCC is not religion but lack of awareness and understanding among the public. The framers f the constitution had clearly envisioned that whenever the UCC would be introduced, the views of all the citizens would be considered and harmonized

Indian Judiciary and the UCC

The supreme court of India has consistently urged the legislature to implement the Uniform Civil Code (UCC) and has emerged as one of its strongest advocates. Through several landmark judgments, the court has not only acted as a eye opener but also as the voice of the oppressed, especially for those who have suffered due to the inequalities embedded in personal laws.

Shah Bano Case:[10]

In this case, a divorced Muslim women was brought within the ambition of section 125 of crpc, 1973 by the SC, maintaining a balance right to equality and freedom of religion, court give the precedence to article 14, 15 and 21 over article 25. This case emphasized the need for the UCC that applies to all citizens irrespective of their religion.

Sarla Mudgal vs Union of India (1995 SC)[11]

This is the case of apostasy in which Hindu husband converted to Islam just to take the benefit of polygamy which are permitted in Islam. In this case Justice Kuldip Singh reiterated the need for the parliament to frame a UCC, which would help to cause national integration by removing contradictions based on ideologies.

John Vallamatom vs Union of India[12]

In this case SC expressed regret for non-enactment of common civil code. Chief Justice of India V.N. Khare said that it is no matter of doubt that marriage, succession and like matter of a secular character cannot be brought within the guarantee enshrined under article 25 and 26 of the constitution.

Shayara Bano vs Union of India[13]

In the coming time, the UCC bill will be very beneficial for the women of the Muslim community. I support and welcome the UCC bill[14]. In this case SC declare the practice of instant triple talaq (talaq-ul-Biddat) unconstitutional, making a step toward promoting gender equality. The court concluded that this leads to the clear understanding that the constitution recognizes the state to provide for a Uniform Civil Code to assuage maladies.

Thus, the UCC has remained a central concern for the Supreme Court which has continuously sought to balance the freedom of religion with the principle of equality.

Conclusion

After analyzing the historical background, judicial perspective and public debates surrounding the Uniform Civil Code (UCC), it becomes evident that the discussion is not merely about law, but about ensuring equality, justice and national integration. The UCC represents the constitutional vision of a nation where citizens are treated equally before the law, irrespective of religion, caste or gender.

However, its implementation must be gradual, inclusive and sensitive to India’s rich cultural and religious diversity. As seen in Goa and Uttarakhand , a well drafted and inclusive UCC can strengthen unity while respecting individual freedoms.

Reference(S):

[1] Lekshmi Parmeshwaran: Debates in the Constituent assembly and thereafter on Uniform Civil Code

[2] Indian Contract Act,1872

[3] Code of Civil Procedure, 1908

[4] Transfer of property act,1882

[5] Snigdha Singh: Uniform civil code Assessing the Present Scenario

[6] Narendra Modi: Prime Minister of India

[7] Aditya Prasanna Bhattacharya: Uniform Civil Code , A Dispassionate Constitutional History

[8] Lekshmi Parameswaran: Debates in the Constituent Assembly and thereafter on Uniform Civil Code

[9] Lekshmi Parameswaran: Debates in the Constituent Assembly and thereafter on  Uniform civil code

[10] Mohd.Ahmad khan vs Shah Bano Begum (1985) SCC 945

[11] Sarla Mudgal vs Union of India (1995) SC 1531

[12] John Vallamatom vs Union of India (2003) SC 242

[13] Shayara Bano vs Union of India (2017) SC 118

[14] Shayara Bano