Statewise Uniform Civil Codes and the Federal Dilemma: Fragmentation in The Pursuit of Uniformity

  • Vasu Nandkeolyar
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  • Vasu Nandkeolyar

    Student at Gujarat National Law University, India

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Abstract

This article critically examines the new phenomenon of state-initiated Uniform Civil Codes (UCCs) in India with regard to their federal and constitutional implications. Even as Article 44 of the Constitution contemplates a UCC for the goal of national integration, recent experience most dramatically in Uttarakhand suggests a state-led, decentralized initiative. By a doctrinal examination of constitutional provisions and court rulings, the research queries if such dispersed application is consonant with the tenor of consistency or defeats the larger aim of legal unification. In terms of analogy to Goa's present civil code and its incorporation as part of a plural legal scheme, the essay contends that state-level UCCs may create further legal fragmentation and dilute India's federal equilibrium. It warns against politicization of reforms to personal law and demands a harmonized but plural national framework respectful of diversity without legal chaos. Finally, the paper promotes a centrally deliberated model that can provide constitutional congruence and prevent further aggravation of regional legal asymmetries.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 2581 - 2601

DOI: https://doij.org/10.10000/IJLMH.119337

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This 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.

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