Uniform Civil Code- a Vociferous Judicial Claim and Reluctant Political will

Neepa Jani

No 2013-5-12, Working papers from Voice of Research

Abstract: Among the Directive Principles, Art. 44 of the Constitution of India directing the State to secure for citizens a Uniform Civil Code throughout the territory of India has occupied a pivotal place of conflict in respect of political ideologies and judicial activism. Though, Art. 37 of the Constitution of India mandates that the provisions contained in this part (Part-IV) shall not be enforceable by any Court, but the principles therein laid down are nevertheless fundamental in the governance of the Country and it shall be the duty of the State to apply these principles in making laws, the Parliament has failed to discharge this Constitutional obligation in translating the principle of Art. 44 in to law by taking effective steps in this regard. While explaining the necessity of Art. 44, Shri K.M. Munshi addressed the Constituent Assembly that: "We are in a stage where we must unify and consolidate the nation by every means without interfering with religious practices." The paramount objective of unity and integrity of India as resolved by the People of India in the Preamble and agreed to be obeyed as Fundamental Duty under Art. 51A(c) of the Constitution of India, though not enforceable like directives, could be achieved only when, from out of various measures, directive of Art. 44 is transformed in to enforceable Uniform Civil Code. Key words: uniform civil code, judicial claim, reluctant political will

Date: 2013-03
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