Uniform Civil Code- a Vociferous Judicial Claim and Reluctant Political will
AbstractAmong the Directive Principles, Art. 44 of the Constitution of India directing the State to secure for citizens a Uniform Civil Code throughout the territory of India has occupied a pivotal place of conflict in respect of political ideologies and judicial activism. Though, Art. 37 of the Constitution of India mandates that the provisions contained in this part (Part-IV) shall not be enforceable by any Court, but the principles therein laid down are nevertheless fundamental in the governance of the Country and it shall be the duty of the State to apply these principles in making laws, the Parliament has failed to discharge this Constitutional obligation in translating the principle of Art. 44 in to law by taking effective steps in this regard. While explaining the necessity of Art. 44, Shri K.M. Munshi addressed the Constituent Assembly that: “We are in a stage where we must unify and consolidate the nation by every means without interfering with religious practices.” The paramount objective of unity and integrity of India as resolved by the People of India in the Preamble and agreed to be obeyed as Fundamental Duty under Art. 51A(c) of the Constitution of India, though not enforceable like directives, could be achieved only when, from out of various measures, directive of Art. 44 is transformed in to enforceable Uniform Civil Code. Key words: uniform civil code, judicial claim, reluctant political will
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoPaper provided by Voice of Research in its series Working papers with number 2013-5-12.
Date of creation: Mar 2013
Date of revision:
Contact details of provider:
Postal: The Editor, Voice of Research E/1, Samay Appartments, Behind NID, Paldi. Ahmedabad. 380007
This paper has been announced in the following NEP Reports:
- NEP-ALL-2013-08-05 (All new papers)
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Dr. Avdhesh Jha).
If references are entirely missing, you can add them using this form.