TOWARDS A UNIFIED LEGAL FRAMEWORK: THE JOURNEY OF IMPLEMENTING THE UNIFORM CIVIL CODE IN INDIA
AUTHOR – DR SANCHITA RAY, ASSISTANT PROFESSOR AT SHARDA SCHOOL OF LAW, SHARDA UNIVERSITY, GREATER NOIDA
BEST CITATION – DR SANCHITA RAY, TOWARDS A UNIFIED LEGAL FRAMEWORK: THE JOURNEY OF IMPLEMENTING THE UNIFORM CIVIL CODE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1571-1581, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
A Uniform Civil Code refers to a standardized set of laws applicable to all citizens of the nation, irrespective of their religious affiliations, regarding personal matters like marriage, divorce, adoption, inheritance, and succession.
Presently, diverse religious communities in India adhere to distinct personal laws, developed over time through various legislative acts. Examples include the Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act, Indian Divorce Act, and Parsi Marriage and Divorce Act. Notably, Muslim personal laws lack codification and are rooted in religious texts, though certain aspects are explicitly acknowledged through acts like the Shariat Application Act and Dissolution of Muslim Marriages Act.
Article 44 of the Indian Constitution, a Directive Principle of State Policy, articulates that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” While Directive Principles are not enforceable by courts, Article 37 emphasizes their fundamental role in governance, and it is the State’s duty to apply these principles in legislating.
A series of landmark court rulings, including the notable Minerva Mills case of 1980, have affirmed that maintaining a balance between the Fundamental Rights and the Directive Principles of State Policy is a core aspect of the Constitution’s basic structure. The verdict in this case emphasized, “The foundation of the Indian Constitution is the equilibrium between Fundamental Rights and Directive Principles,” underscoring this balance as pivotal. Similarly, the Supreme Court in the Dalmia Cement Case of 1996 declared that the Constitution’s preamble, its Fundamental Rights, and Directive Principles—this triad—form the Constitution’s moral core. Numerous rulings have reinforced the notion that Directive Principles are crucial in the nation’s governance, compelling the State to endeavor towards achieving the goals outlined in these principles. The preamble of the legislation proposed by Uttarakhand concerning the Uniform Civil Code references Article 44, indicating that the law is being drafted in adherence to this constitutional mandate to ensure that all citizens residing in the state are governed by a unified legal framework.