← All questionsGS2 · 2015 · Polity & Constitution ·Barriers to a Uniform Civil Code
MAINS 2015
GS2
12.5 marks

Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy.

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9 min
200 words

What the examiner wants

Discuss the factors that have stopped India from enacting the uniform civil code envisaged in Article 44.

DiscussExplain the different sides of the issue, use evidence, and finish with a balanced view.

Demand-wise check

  1. 1Constitutional tension: Article 44 is non-justiciable; Articles 25-26 and 29 protect religious and cultural rights≈35 words
  2. 2Social-political: minority fears of majoritarian imposition, diversity of personal laws even within Hindus and tribes (Sixth Schedule, Article 371A), vote-bank politics≈35 words
  3. 3Practical: no agreed draft, codifying hundreds of customs, gender justice vs community autonomy≈35 words
  4. 4Path: piecemeal reform (triple talaq), optional civil law (Special Marriage Act), state models (Goa, Uttarakhand 2024)≈35 words

Open in about 30 words and close in about 30.

Answer plan

Article 44 and intentLegal barriersSocial-political barriersPractical barriersIncremental route

Where marks usually go

  • Arguing for or against UCC instead of explaining inhibiting factors
  • Ignoring tribal and regional customary laws

Draw this

  • Flowchart: UCC goal → three types of barriers → reform options

Value addition

  • ReportThe 21st Law Commission consultation paper (2018) said a UCC is 'neither necessary nor desirable at this stage' and suggested reforming each personal law.Law Commission of India, 2018
  • CaseSarla Mudgal v Union of India (1995) urged the government to enact a UCC; Shah Bano (1985) made a similar call.Supreme Court, 1995

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