A Never-Ending Tussle between Equality and Faith: Uniform Civil Code V. Article 25

Rishabh Gupta and Aditi Banerjee
Chanakya National Law University, Patna, India.

Volume III – Issue I, 2021

Uniform Civil Code has remained one of the most contentious provisions in the Indian Constitution. The Constituent Assembly had put the onus of bringing a Uniform Civil Code on the State according to its wisdom. But for last 70 years, provision of Uniform Civil Code has remained dead. The researchers through the medium of the article endeavours to determine the requisite for a Uniform Civil Code, which has been matter of a political controversy since the enactment of the Constitution, and how Article 25 i.e. right to freedom of practice of religion has always played a role of thorn in the way of implementing Uniform Civil Code. Researchers in this paper undertake to elucidate the contradiction of Article 14 i.e. right to equality and Article 25 i.e. right to freedom of practice of religion and will try to find out which has to be given preference according to established precedents. Researchers will also try to answer whether this contradiction of two fundamental rights can be resolved by bringing the Uniform Civil Code. In furtherance of this, researchers will elucidate advantages of the Uniform Civil Code such as gender equality, national integration, modernisation, religious equality, end of constitutional contradictions and achievement of true form of secularism. In the light of above mentioned areas of investigation, our key argument focuses on the interplay between Uniform Civil Code, Article 14 and Article 25 as well as the need, desirability, impacts, implementation of the Uniform Civil Code.


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