Which of the following statements best captures the constitutional debate and judicial stance on the implementation of a Uniform Civil Code (UCC) in India?
Show answer & explanation
Correct answer: C
Explanation
Solution: The correct answer is Article 44 in the Directive Principles of State Policy urges the State to consider enacting a Uniform Civil Code, but it is not enforceable by courts; implementation requires a parliamentary law balancing secularism and religious freedoms.
Explanation:
☛ Article 44 of the Constitution of India, contained within Part IV (Directive Principles of State Policy), states that the State shall endeavour to secure for the citizens a Uniform Civil Code (UCC) throughout the territory of India.
☛ According to Article 37, the Directive Principles are fundamental in the governance of the country, but they are non-justiciable, meaning they cannot be directly enforced by any court of law.
☛ Implementation of a UCC requires legislative action by Parliament or State legislatures (under Entry 5 of the Concurrent List), which must harmonize personal laws with the constitutional ideals of secularism, gender justice, and religious freedoms guaranteed under Articles 25 to 28.
Extra Exam-Relevant Facts:
☛ Shah Bano Case (1985): The Supreme Court observed that Article 44 remained an unfulfilled goal and highlighted the necessity of a common civil code for national integration.
☛ Sarla Mudgal Case (1995): The Supreme Court reiterated that personal law reforms through a UCC are necessary to prevent issues such as conversion solely for bigamous marriages.
☛ Goa: Retained its Portuguese Civil Code of 1867, making it historically unique in having a common family law system.
☛ Uttarakhand: Became the first state in independent India to pass a dedicated Uniform Civil Code Bill in 2024.
Important One-Liners for Upcoming Exams:
☛ Which Article of the Indian Constitution provides for a Uniform Civil Code? → Article 44
☛ Which Part of the Indian Constitution contains the Directive Principles of State Policy? → Part IV
☛ Under which Article are Directive Principles declared non-enforceable by courts? → Article 37
☛ In which List of the Seventh Schedule do 'marriage and divorce' fall? → Concurrent List (List III)
☛ Which was the first state in independent India to pass a UCC bill? → Uttarakhand