LL.M. Student at Gujarat National Law University Silvassa Campus, India
The Uniform Civil Code (UCC), enshrined under Article 44 of the Indian Constitution, represents a constitutional aspiration to replace religious personal laws with a unified legal framework governing marriage, divorce, inheritance, and adoption for all citizens. Despite its presence in the Directive Principles of State Policy, the UCC has remained one of India’s most debated and politically sensitive issues due to the country’s religious and cultural diversity. The recent enactment of the Uttarakhand UCC Bill, 2024, marks a landmark development, making it the first Indian state post-independence to codify uniform personal laws applicable to all citizens regardless of religion (with limited exceptions for Scheduled Tribes). This research paper explores the historical, constitutional, and judicial dimensions of the UCC, examines the provisions of the Uttarakhand Bill in detail, and analyses its potential as a legislative template for national implementation. Through a comparative lens, the paper evaluates how the Bill addresses key personal law areas—marriage, divorce, adoption, inheritance, and live-in relationships—while ensuring gender justice and secularism. It also highlights the constitutional tensions between Articles 25 and 44 and critically assesses judicial pronouncements and constituent assembly debates. Finally, the paper proposes a phased, consultative, and culturally sensitive approach to nationwide implementation. The findings indicate that while uniformity in civil law is achievable, it must be pursued through consensus, not coercion, balancing constitutional ideals with India's pluralistic identity.
Research Paper
International Journal of Legal Science and Innovation, Volume 7, Issue 3, Page 244 - 256
DOI: https://doij.org/10.10000/IJLSI.112595This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLSI 2021