Why in News?
The Supreme Court, while hearing a plea related to Muslim inheritance law, referred to Article 44, which directs the State to work towards implementing a Uniform Civil Code (UCC).
Description:
About Article 44:
| Feature | Details |
| Constitutional Provision | Article 44 of the Constitution of India |
| Part of Constitution | Part IV – Directive Principles of State Policy (DPSP) |
| Nature | Non-justiciable (not enforceable by courts) |
| Objective | The State shall endeavour to secure a Uniform Civil Code for all citizens throughout India |
What is Uniform Civil Code (UCC)?
- A common set of civil laws governing personal matters such as Marriage, Divorce, Adoption, Succession, Inheritance
- These laws would apply equally to all citizens irrespective of religion.
Purpose of Article 44:
- Promote national integration and legal uniformity.
- Ensure equality before law in personal matters.
- Reduce religion-based legal differences in civil laws.
Current Situation in India:
- Personal laws differ by religion: Hindu law (Hindu Marriage Act, Hindu Succession Act etc.), Muslim personal law, Christian personal law, Parsi personal law
- Goa is often cited as the only state with a form of Uniform Civil Code through the Goa Civil Code (Portuguese Civil Code, 1867).
- Uttarakhand (2024): The first state in independent India to pass a UCC bill based on a domestic legislative committee’s recommendations.
Judicial References:
The Supreme Court has repeatedly emphasized the importance of UCC in several cases:
- Shah Bano Case (1985) – highlighted need for UCC for gender justice.
- Sarla Mudgal Case (1995) – reiterated that Article 44 remains unimplemented.
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