Between Pluralism and Equality: A Constitutional Reassessment of the Uniform Civil Code

A Constitution is constantly flexible. Implicit within a Constitution is its framer’s vision, which unfolds itself in the very course of its realization. In that meaning, it is a blend of ideals and reality of what should be and what exists. A constitutional text attempts to engage with reality and transform it in the shape of its objectives. Constitution, some norms are enforceable in courts of law, and some norms, though essential in the nation's governance, are not enforceable by the courts. Both groups of these constitutional norms carry messages and commands for the State, society, and individual, and those messages and commands are the responsibilities that the Constitution assigns to all branches of the State and the citizens for their progressive comprehension. In different words, our Constitution provides us a basic framework, a collection of fundamental aims, principles, and standards, a body of mandatory and prohibitory directions, a bundle of constructive and declaratory tools, and a guide of methods. All these are aligned with the objective of the priority tasks of our Constitution. In relation with the above, one of the incomplete guarantees of the Indian Constitution is the Uniform Civil Code (UCC). The Indian population resembles a bouquet of flowers in a vessel. There is diversity in religious belief, customs, festivals, cuisine, language, and culture; therefore, individuals are regulated by their religious laws, also referred to as personal laws. The UCC, if introduced, will regulate the personal laws of all religious groups relating to marriage, divorce, adoption, inheritance, succession, property, etc. The objective of enforcing UCC in India is to create a set of laws that apply to all citizens, irrespective of their religion, community, race, sex, and caste. Enforcing UCC will encourage equality, secure national unity, and remove discrimination among religious communities. The framers of our Constitution could not carve out a consensus on the UCC despite discussing it widely. From its initial position under Fundamental Rights, the early lawmakers agreed on a compromise and allowed the UCC to be placed within the Directive Principles of State Policy. However, the clause is of significance that it is to be executed in the future. Several times, an effort has been undertaken to enforce the UCC, but all goes futile due to the lack of cooperation of all the parties and not in accordance with the ideologies of the ruling parties. In 2018, the 22nd Law Commission released a notification to invite opinions on any matters concerning UCC. The commission has obtained the responses and has yet to finalize and provide the recommendations. These steps are undertaken not only on the basis of suggestions of the commission and the political parties' ideologies but also in line with Article 44 itself and the compliance of international conventions. It has become the obligation of the parliament to accomplish constitutional assurance.