Actual Article
Article 44: Uniform civil code for the citizens
The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.
UPSC Notes for Article 44
Explanation:
- Directive Principle: Article 44 is part of the Directive Principles of State Policy (DPSPs) under Part IV of the Indian Constitution. It directs the State to work towards securing a uniform civil code (UCC) for all citizens of India.
- Uniform Civil Code (UCC): Refers to the formulation of one law for India, applicable to all religious communities in matters such as marriage, divorce, inheritance, and adoption.
Key Points:
- Purpose: The primary aim of Article 44 is to achieve national integration by eliminating discrepancies in personal laws across different religious communities, promoting gender justice, and ensuring equality before the law.
- Secularism: A UCC would reinforce the secular character of the Indian state by ensuring that all citizens are subject to the same laws irrespective of their religion.
- Challenges: Implementing a UCC faces significant challenges, including resistance from various religious communities and the need for a broad societal consensus.
Important Cases and Commissions Related to Article 44
Cases:
- Mohd. Ahmed Khan vs. Shah Bano Begum (1985): This landmark case highlighted the need for a UCC when the Supreme Court ruled in favor of alimony for a divorced Muslim woman, sparking widespread debate on the issue.
- Sarla Mudgal vs. Union of India (1995): The Supreme Court reiterated the need for a UCC, emphasizing that different personal laws based on religion lead to inequality.
Commissions:
- Law Commission of India Reports: Several reports by the Law Commission have discussed the need for a UCC, including the 21st Law Commission report in 2018, which suggested certain reforms in family laws to make them more gender-just and uniform.
Important Reports Related to Article 44
- Report of the Committee on the Status of Women in India (1974): This report advocated for a UCC to ensure equal rights for women across different personal laws.
- Law Commission Consultation Paper on Reform of Family Law (2018): Recommended progressive changes in existing family laws to bring uniformity and address gender disparities, aligning with the objectives of Article 44.
Previous Year Prelims Questions Related to Article 44
- Prelims 2019: Which of the following is not part of the Directive Principles of State Policy under the Indian Constitution?
- A. Equal pay for equal work
- B. Uniform civil code for the citizens
- C. Separation of judiciary from the executive
- D. Protection of monuments and places of national importance
- Prelims 2020: Consider the following statements:
- Article 44 of the Indian Constitution provides for a Uniform Civil Code for the citizens.
- Directive Principles of State Policy are enforceable by the courts.
- Select the correct answer using the code given below:
- A. 1 only
- B. 2 only
- C. Both 1 and 2
- D. Neither 1 nor 2
Previous Year Mains Questions Related to Article 44
- Mains 2016: “The Directive Principles of State Policy are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.” Discuss this statement with special reference to the Uniform Civil Code.
- Mains 2013: Analyze the significance of Article 44 of the Indian Constitution in the context of Indian secularism and national integration.
Additional Insights:
- Political and Social Debate: The implementation of a UCC has been a contentious issue in Indian politics, with debates centering around religious freedom, cultural diversity, and gender equality.
- Incremental Reforms: Some experts advocate for a piecemeal approach, gradually reforming personal laws to make them more uniform and just, rather than attempting to implement a comprehensive UCC all at once.
- Role of Judiciary: The judiciary has played a crucial role in highlighting the need for a UCC through various judgments that emphasize equality and justice in personal laws.
By understanding Article 44, UPSC aspirants can gain insights into the constitutional directive aimed at achieving a uniform civil code. This knowledge is essential for both preliminary and main examinations, providing a comprehensive understanding of the role of Directive Principles in shaping state policies for equality, justice, and national integration.