The UCC's Impact On The Conflict Between Personal Laws And Fundamental Rights Under The Constitution
- IJLLR Journal
- Feb 21
- 1 min read
Sohan Santosh Melligeri, School of Law, CHRIST (Deemed to be University), Bengaluru
Naga Yogesh Chitturi, School of Law, CHRIST (Deemed to be University), Bengaluru
Tarun Gowda D, School of Law, CHRIST (Deemed to be University), Bengaluru
ABSTRACT
India is the most diverse country in the world, such a diverse nation has different codes and personal laws for people from different communities on personal matters relating to marriage, divorce, succession, etc. Article 44 of the Indian constitution which is a Directive Principle of State Policy speaks about the Uniform Civil Code (UCC). It says that there should be a uniform code for all people irrespective of their community, however, articles 25 and 26 speak about the rights to freedom of religion and are fundamental rights that are contradicting Article 44 of the same legislation. This paper using a doctrinal methodology of study aims to find the impact of implementing UCC on personal laws and fundamental rights. The paper also analyses UCC's historical perspective and the reason behind enacting Article 44. The constituent assembly debates and Supreme Court decisions cases are also analyzed in this paper. The paper concludes by addressing the issues relating to the implementation of UCC and the advantages and disadvantages of implementing UCC in a diverse country.
Keywords: Uniform Civil Code, Constitution, Right to Freedom of religion, Right to equality.
