Need for a United or Unified Code? Understanding the Implications of the Uniform Civil Code

Livelaw, July 2016

5 Pages Posted: 4 Apr 2016 Last revised: 4 Sep 2016

See all articles by Varun Srinivasan

Varun Srinivasan

NVS & Associates, Advocates & Legal Consultants; Supreme Court of India

Date Written: July 10, 2016

Abstract

Before the Narendra Modi-led BJP government came to power, one of its primary propaganda in its manifesto was the implementation of a Uniform Civil Code (UCC), which has been a question of long debate and discussion for several decades. The Supreme Court of India, recently questioning the Government‘s confusing stance on this issue on a PIL filed before it,initially sought for an effective reply and status update on its implementation.But on subsequently hearing the matter at length, arrived at a conclusion that a mandamus directing or compelling the parliament to introduce a uniform code would amount to a judicial overreach and entering the domain of the legislature, which is not permissible as Courts shouldn’t legislate. The Government’s attitude on the other hand though seems to be heavily inclining towards bringing forth an effective code as soon as possible, but can this be made a reality considering the serious opposition it is facing from minority groups and politicians, who claim the Government to be imposing and thrusting its Hindutva ideologies? In a vibrant nation and democracy as vast as ours, it is crucial that the Government has an effective consultation process and invoke everyone’s trust and approval, before hurrying to legislate on such an important and sensitive subject.

Keywords: Unifrom Civil Code, UCC, Religion, Constitution

JEL Classification: K00, K1

Suggested Citation

Srinivasan, Varun, Need for a United or Unified Code? Understanding the Implications of the Uniform Civil Code (July 10, 2016). Livelaw, July 2016, Available at SSRN: https://ssrn.com/abstract=2757592

Varun Srinivasan (Contact Author)

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