CONSTITUTIONAL CONSTRAINTS ON A MANDATORY UNIFORM CIVIL CODE: A BASIC STRUCTURE ANALYSIS
AUTHORS – ARCHANA KUMARI* & DR. TAPAN KUMAR CHANDOLA**
* LLM (CONSTITUTIONAL LAW), AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS
** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS
BEST CITATION – ARCHANA KUMARI & DR. TAPAN KUMAR CHANDOLA, CONSTITUTIONAL CONSTRAINTS ON A MANDATORY UNIFORM CIVIL CODE: A BASIC STRUCTURE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 91-100, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The discussion about Uniform Civil Code in India highlights the complexity of post-colonial constitutional law, especially when we see how Article 44 of the Directive Principles encourages the State to work towards a uniform civil code for all citizens. The main aim is to replace the different religion-based personal laws which currently govern marriage, divorce, succession, adoption, and maintenance. But, when the government tries to bring legal uniformity, it often clashes with the fundamental rights given in Part III of the Constitution, like the freedom of religion and the right to preserve one’s own culture. This report studies in detail the constitutional barriers that stop the adoption of a compulsory Uniform Civil Code, focusing mainly on the Basic Structure Doctrine. It looks at the debates in the Constituent Assembly, important Supreme Court cases, and new laws like the Uttarakhand Uniform Civil Code Act, 2024, which show the conflict between having one law for all and keeping legal diversity. The report finds that forcing a uniform code without proper agreement goes against the main features of the Indian Constitution. It also discusses the Essential Religious Practices doctrine and special rules like the Sixth Schedule and Article 371, which stop the full application of a single law everywhere. In the end, the study suggests a ‘Constitutional Threshold Model’ and recommends making an optional civil code available, because gender justice and equality can be better achieved by checking and improving current personal laws as per constitutional values.
Keywords: Uniform Civil Code, Basic Structure Doctrine, Legal Pluralism, Secularism, Constitutional Morality