Decoding Uniform Civil Code: Scope and Practicability (A Plea for Rule of Law in Luminosity of Family Law & Constitution of India)

46 Pages Posted: 10 Dec 2009

Date Written: December 9, 2009

Abstract

[enter Abstract At the time of inception of constitutionalism in India the Framers of constitution were with the intention to have Uniform civil code for the citizens of India same is represented by Article 44 of the Constitution of India which lays down that the State shall work towards administering the same set of civil laws to govern people belonging to different regions and religions.

The paper is about judicious study of the much debated and controversial topic of a suitable legislation on Uniform Civil Code for all the citizens of India despite their religion or race or ethnicity in compliance with the constitutional mandate under Article 44.

Though a number of judgments in the Supreme Court have shown a marked inclination towards the establishment toward the UCC, no concrete step has been taken so far in this regard, in part due to the unresolved debate regarding the freedom of religion granted by Article 25 and 26, moreover Supreme Court in its recent observations has made it clear a UCC does not impinge upon the 'right to religion'. Through this paper, the idea of UCC is mooted keeping in mind the history of the country, its composite culture when it comes to personal laws, as well as the current political and social scenario.

Keywords: Uniform Civil Code, Secularism, Equality, Rule of Law

Suggested Citation

Kashyap, Amit Kumar, Decoding Uniform Civil Code: Scope and Practicability (A Plea for Rule of Law in Luminosity of Family Law & Constitution of India) (December 9, 2009). Available at SSRN: https://ssrn.com/abstract=1520935 or http://dx.doi.org/10.2139/ssrn.1520935

Amit Kumar Kashyap (Contact Author)

Institute of Law, Nirma University ( email )

Ahmedabad
ahmedabad, Gujarat
India

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