Article 44 of Constitution of India
🔷 Article 44 of the Constitution of India – Uniform Civil Code (UCC)
1. Text of Article 44
“The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.”
2. Classification
Part: Part IV of the Constitution
Title: Directive Principles of State Policy (DPSP)
Nature: Non-justiciable (not enforceable in a court of law)
3. Objective of Article 44
To promote uniformity in personal laws governing marriage, divorce, maintenance, adoption, inheritance, etc., across all religious communities in India.
Aimed at securing equality, justice, and national integration.
Seeks to replace personal laws based on religion or custom with a common civil code applicable to all citizens, irrespective of religion or community.
4. Background and Historical Context
Before independence, different religious communities in India were governed by their own personal laws.
During the framing of the Constitution, Dr. B.R. Ambedkar strongly supported the idea of a Uniform Civil Code to ensure legal equality.
However, due to political sensitivity, Article 44 was placed in the DPSP, making it a goal rather than a binding obligation.
5. Key Features of Article 44
| Feature | Explanation |
|---|---|
| Non-enforceable | Courts cannot compel the state to implement UCC |
| Directive in nature | It is a guiding principle for the legislature |
| Applies to civil laws | Does not interfere with religious practices or rituals |
| Focus on equality | Aims to bring gender and religious equality in civil matters |
6. Important Case Laws Related to Article 44
1. Mohd. Ahmed Khan v. Shah Bano Begum (1985)
Facts: Shah Bano, a Muslim woman, claimed maintenance under Section 125 of CrPC after divorce.
Issue: Whether a divorced Muslim woman was entitled to maintenance under secular law (CrPC) or only under Muslim personal law.
Judgment: Supreme Court upheld her right to maintenance under CrPC.
Significance: The Court strongly advocated for Uniform Civil Code, stating that different personal laws create anomalies and discrimination, especially against women.
Quote: “A common civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.”
2. Sarla Mudgal v. Union of India (1995)
Facts: Hindu men converted to Islam to marry again without divorcing their first wives.
Issue: Whether such conversions to bypass personal law are valid.
Judgment: Supreme Court held such acts invalid and bigamous under Hindu Marriage Act.
Significance: The Court emphasized the urgent need for a Uniform Civil Code to prevent misuse of personal laws for unjust motives.
Observation: The absence of a UCC leads to exploitation of women and undermines secularism.
3. John Vallamattom v. Union of India (2003)
Facts: A Christian priest challenged a provision of the Indian Succession Act that restricted his right to will property for religious purposes.
Judgment: The provision was held unconstitutional.
Significance: The Court again stressed the need for UCC to ensure equal treatment across communities.
7. Debate Around Article 44
Arguments in Favour of UCC:
Equality before law – UCC promotes gender justice and equality, especially in matters of marriage, divorce, and inheritance.
Secularism – A secular state should not permit religion-based personal laws.
National integration – A common civil law fosters unity and a sense of common identity.
Simplification of laws – One uniform code reduces confusion and legal complexities.
Arguments Against UCC:
Threat to religious freedom – Some communities view UCC as interference in religious practices.
Cultural diversity – India's pluralistic society requires respect for different customs and traditions.
Political sensitivity – UCC has been a politically polarizing issue.
Lack of consensus – No clear agreement among religious communities on a common set of civil laws.
8. State Initiatives and Developments
Goa is the only Indian state to have implemented a version of the Uniform Civil Code, known as the Goa Family Law, applicable to all communities.
The Law Commission of India has submitted multiple reports, stating that UCC is desirable but should be achieved gradually.
Recent debates around UCC have intensified, with several PILs filed in courts and political discussions emerging at national levels.
9. Relation to Other Constitutional Provisions
| Article | Relevance |
|---|---|
| Article 14 | UCC promotes equality before law |
| Article 25 | UCC may be seen to affect religious freedom |
| Article 15(3) | State can make special provisions for women and children |
| Article 13 | Personal laws can be challenged if violative of fundamental rights |
10. Conclusion
Article 44 represents a vision for legal uniformity and equality in civil matters across all religions.
While not enforceable by courts, it remains a directive goal for the legislature.
Judicial pronouncements have repeatedly emphasized the need for UCC, especially for protecting women's rights and upholding secularism.
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