Uniform Civil Code Vs. Hindu Personal Law: Reconciling Tradition With Constitutional Morality
- IJLLR Journal
- 16 minutes ago
- 2 min read
Prem Kumar, IILM University, Greater Noida
ABSTRACT
The debate surrounding the Uniform Civil Code (UCC) and Hindu Personal Law represents one of the most persistent and deeply contested issues in Indian constitutional discourse. At its core lies a fundamental tension between preserving tradition and advancing constitutional morality, as enshrined in the ideals of equality, liberty, and secularism. Hindu law, unlike many other personal laws, has witnessed extensive codification and reform since independence, with the enactment of the Hindu Code Bills of the 1950s significantly reshaping matters relating to marriage, divorce, adoption, guardianship, succession, and inheritance. Despite such progressive reforms, the broader vision of a uniform civil framework across all religions, as mandated under Article 44 of the Directive Principles of State Policy, has remained politically sensitive and legally complex. This paper critically examines the historical development and reform of Hindu Personal Law, the constitutional promise of the UCC, and the judicial interpretation of the balance between religious freedom under Articles 25 and 26 and the right to equality under Article 14. It highlights key cases such as Shah Bano v. Union of India, Sarla Mudgal v. Union of India, and Shayara Bano v. Union of India, which have shaped the jurisprudential dialogue around personal laws and uniformity. Through doctrinal and comparative analysis, the paper contends that the reconciliation of tradition with constitutional morality cannot be achieved through abrupt or coercive uniformity. Instead, it calls for a dialogic and rights-based approach that respects cultural diversity while ensuring that personal laws, including Hindu law, conform to constitutional guarantees of equality, dignity, and non-discrimination.
Keywords: Uniform Civil Code (UCC), Hindu Personal Law, Article 44 of the Indian Constitution, Directive Principles of State Policy (DPSPs), Freedom of Religion.
