Abstract

The Uniform Civil Code (UCC), envisaged under Article 44 of the Indian Constitution as part of the Directive Principles of State Policy, has long been a subject of debate and constitutional aspiration. The provision, though non-justiciable, reflects the framers’ vision of ensuring legal uniformity in personal matters across all communities to strengthen national integration and gender justice. Despite repeated judicial exhortations in landmark cases such as Mohd. Ahmed Khan v. Shah Bano Begum and Sarala Mudgal v. Union of India, the UCC remains unrealised due to persistent social, political, and religious apprehensions. The resistance, rooted in the Constituent Assembly Debates, primarily concerns cultural diversity, minority fears of majoritarian imposition, and the perceived conflict between personal laws and religious freedom under Article 25. This paper critically examines these arguments alongside justifications for the UCC, highlighting its role in securing equality under Articles 14 to 18, rectifying gender-based discrimination, and advancing social reform. It also assesses contemporary challenges and proposes a phased, consensual approach, echoing Dr. B.R. Ambedkar’s recommendation for gradual acceptance before universal enforcement. The study concludes that while societal readiness remains contested, a well-intentioned and inclusive UCC is imperative for realising constitutional ideals of secularism, equality, and justice.

Keywords