Article 44 of the Indian Constitution: Uniform Civil Code and the Constitutional Vision of Equality
Introduction
Article 44 of the Indian Constitution, placed under the Directive Principles of State Policy (DPSPs), states:
“The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.”
Though non-justiciable, Article 44 has remained one of the most debated constitutional provisions, lying at the intersection of law, religion, gender justice, and national integration. The idea of a Uniform Civil Code (UCC) seeks to replace diverse personal laws governing marriage, divorce, inheritance, adoption, and succession with a common set of civil laws for all citizens, irrespective of religion.
Understanding Article 44: Constitutional Placement and Intent
Article 44 falls under Part IV of the Constitution, which outlines the social and economic ideals the State must strive to achieve.
Key Constitutional Intent:
- Promote equality before law (Article 14)
- Ensure gender justice
- Strengthen national unity
- Separate religion from civil law, not from faith
The framers envisioned UCC as a long-term reform to be implemented gradually when society is ready.
Historical Background: Constituent Assembly Debates
The Constituent Assembly witnessed intense debate on UCC.
Arguments in Favour:
- Dr. B.R. Ambedkar supported UCC to ensure social reform and gender equality
- Viewed personal laws as regressive and discriminatory, especially towards women
Arguments Against:
- Minority members feared erosion of religious freedom
- Concern that UCC might undermine cultural diversity
As a compromise, UCC was placed under DPSPs, making it aspirational rather than enforceable.
What Does the Uniform Civil Code Cover?
A UCC would regulate:
- Marriage and divorce
- Maintenance and alimony
- Adoption and guardianship
- Succession and inheritance
These areas are currently governed by religion-specific personal laws, such as:
- Hindu Marriage Act
- Muslim Personal Law
- Christian Marriage Act
- Parsi Marriage and Divorce Act
Judicial Interpretation of Article 44
Indian courts have repeatedly emphasised the importance of UCC.
Key Judgments:
- Shah Bano Case (1985): Highlighted gender injustice under personal laws
- Sarla Mudgal Case (1995): Asserted that UCC would prevent misuse of religious conversions
- John Vallamattom Case (2003): Observed that Article 44 aims to promote national integration
- Shayara Bano Case (2017): Reinforced the primacy of constitutional morality over personal laws
- Recent Supreme Court benches (2024-25) reiterate Article 44’s urgency for gender justice amid Law Commission consultations.
The judiciary has consistently urged the State to move towards UCC, while respecting diversity.
Article 44 and Fundamental Rights: A Balancing Act
A common argument against UCC is its perceived conflict with Article 25 (Freedom of Religion).
Constitutional Position:
- Article 25 protects religious practices, not secular activities
- Personal laws deal with civil matters, not essential religious practices
- UCC does not interfere with faith, only regulates civil rights
Thus, UCC complements rather than contradicts Fundamental Rights.
Gender Justice and Social Reform
One of the strongest arguments for UCC lies in gender equality.
Existing Issues:
- Unequal inheritance rights
- Arbitrary divorce practices
- Discriminatory maintenance laws
A uniform code would ensure:
- Equal rights for women across religions
- Legal clarity and predictability
- Protection of vulnerable groups
Federalism and Cultural Diversity: Key Concerns
India’s diversity raises legitimate concerns.
Challenges:
- Fear of cultural homogenisation
- Resistance from religious groups
- Political polarisation
Way Forward:
- Gradual reform through consultation
- Codification and reform of personal laws
- Learning from existing models: Goa’s Portuguese Civil Code (since 1961) and Uttarakhand Uniform Civil Code Act, 2024—India’s first state-specific UCC—which standardizes marriage age (21/18), bans polygamy, and regulates live-in relationships (tribals exempt)
Relevance of Article 44 in Contemporary India
In recent years, the UCC debate has regained momentum due to:
- Growing emphasis on constitutional morality
- Demand for gender-neutral laws
- Legal reforms such as the Shayara Bano judgment (2017) and the Muslim Women (Protection of Rights on Marriage) Act, 2019, criminalizing instant triple talaq
However, implementation must be inclusive, secular, and consensus-driven.
Way Forward: A Pragmatic Approach
For effective implementation of Article 44:
- Extensive stakeholder consultation
- Public awareness and legal literacy
- Phased implementation, protecting tribal/customary laws initially
- Protection of tribal and customary practices
Conclusion
Article 44 reflects the constitutional aspiration of equality, unity, and justice. While the Uniform Civil Code is not an attack on religious freedom, it is a step towards harmonising diversity with constitutional values.
For India, the challenge lies not in whether to implement UCC, but how and when—ensuring that reform strengthens democracy rather than divides society.
Frequently Asked Questions (FAQs) on Article 44 & Uniform Civil Code (UCC)
Q1: What exactly does Article 44 of the Indian Constitution state?
A: Article 44 states: “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” It falls under Directive Principles of State Policy (Part IV), making it non-justiciable.
Q2: Why is Article 44 not enforceable by courts?
A: DPSPs like Article 44 guide policy-making but lack legal enforceability under Article 37, unlike Fundamental Rights. Courts urge implementation but cannot mandate it.
Q3: What personal matters would a UCC cover?
A: UCC regulates marriage, divorce, maintenance, adoption, succession, inheritance, and guardianship—replacing religion-specific laws like Hindu Marriage Act or Muslim Personal Law.
Q4: Which states have implemented UCC?
A: Goa follows a Portuguese Civil Code-based UCC since 1961. Uttarakhand enacted India’s first state-specific UCC Act in 2024, standardizing marriage age (21/18), banning polygamy, and regulating live-in relationships (tribals exempt).
Q5: Does UCC violate religious freedom under Article 25?
A: No—Article 25 protects essential religious practices, not secular civil matters. UCC targets civil rights, complementing equality (Article 14) and dignity (Article 21).
Q6: What were key Supreme Court cases on UCC?
A: Shah Bano (1985) urged maintenance reforms; Sarla Mudgal (1995) criticized conversion-based polygamy; Shayara Bano (2017) struck down triple talaq. Recent 2024-25 benches reiterated urgency.
Q7: What are main arguments against UCC?
A: Fears of cultural homogenization, minority rights erosion, and federalism issues with tribal customs. Critics seek consensus before national rollout.
Q8: Status of national UCC as of January 2026?
A: 22nd Law Commission sought views in 2023; no central law yet. Uttarakhand’s 2025 Rules operationalize state UCC. National debate continues.
Q9: How does UCC promote gender justice?
A: Eliminates discriminatory practices like unequal inheritance, polygamy, or arbitrary divorce across religions, ensuring equal rights for women.
Q10: Is UCC relevant for UPSC exams?
A: Yes—key for GS Paper II (Polity), Essay (secularism/equality), Ethics (case studies on reforms). Link with Articles 14, 21, 25, 44.
