The Constitutional Debate Surrounding The Uniform Civil Code (UCC) In India
- IJLLR Journal
- Mar 9
- 1 min read
Utkarsh Singh, Amity University, Amity Law School, Noida
ABSTRACT
The Uniform Civil Code (UCC) has been a subject of intense constitutional, political, and societal debate in India, reflecting the delicate balance between secularism, fundamental rights, and cultural diversity. Enshrined in Article 44 of the Directive Principles of State Policy (DPSP), the UCC seeks to replace personal laws based on religion with a uniform legal framework governing marriage, divorce, inheritance, and adoption. However, its implementation raises significant concerns regarding religious freedom (Article 25), minority rights (Article 29), and the federal structure of India. This article delves into the historical evolution of the UCC debate, spanning from Constituent Assembly discussions to contemporary judicial interpretations. Prominent landmark cases such as Shah Bano (1985), Sarla Mudgal (1995), and Shayara Bano (2017) illuminate the judiciary’s evolving stance on personal laws and gender justice. Furthermore, the paper analyses the political discourse surrounding UCC, examining arguments both in favour—such as promoting gender equality and national integration—and against, including apprehensions of majoritarianism and erosion of religious identity.
Comparative insights from countries with codified civil laws and an analysis of recent legislative developments provide valuable context on the challenges and feasibility of implementing UCC in a pluralistic society like India. The paper concludes by assessing potential pathways for UCC adoption, emphasising the necessity of gradual reforms, consensus-building, and a rights-based approach to harmonise personal laws with constitutional ideals.
Keywords: Uniform Civil Code, Indian Constitution, Secularism, Personal Laws, Gender Justice, Article 44, Religious Freedom, Supreme Court.
