Uniform Civil Code: An Embodiment Of The Idea Of Unity In Diversity

Kartikey Bajpai, Research Scholar, Department of Law, School of Legal Studies, BBAU, Lucknow

ABSTRACT

This article attempts to trace the issue surrounding a Uniform Civil Code from the Ancient to Contemporary period and discuss what the idea contains within itself. In India, the debate around a Uniform Civil Code usually pops up the thoughts of a policy that is going to deprive people practicing a particular religion of their religious rights and freedoms and undermine their constitutionally guaranteed rights under Part III of the Constitution of India, 1950, this article also attempts to discuss if that is truly the case.

This article also focuses on existing legislations and judicial precedents which already contain a Uniform Civil Code on various aspects of personal laws which is congruent with Constitutional morality which is spread out and not codified in one document which often propagates the misconception that India does not have a Uniform Civil Code which is not completely accurate. It is true that in certain areas of Personal Laws, there is a need to create legislation which does not go contrary to guaranteed Fundamental Rights however, though scattered in various statutes and precedents, it is safe to say that we have come a long way on the path of Constitutionalism and critical role has been played by Legislature and more importantly Judiciary which I will try to show through this article.

Keywords: Constitution, Fundamental Rights, Personal Law, UCC.