A Dream For Uniform Civil Code In 75 Years Of Independent India With Special Reference To Its Implementation Procedure Propounded By Founding Fathers In The Constituent Assembly: An Analysis
Ramji Kumar P, B.B.A LL.B (Hons.), Advocate, Madras High Court, Chennai
ABSTRACT
Union of India consists of different type of religion and also considered as a secular country. Every person in India has a right to follow any religion or custom which is not against the public morality and public policy. The Constitution of India was enforced in the year 1950 after years of discussion. One of the directive principles of the Constitution is that the state shall endeavour to enact the Uniform Civil Code. The question as to whether after 73 years of the Constitution of India is ripe enough to have a uniform set of civil law has been raised yet again. The founding fathers of our Constitution could predict the issues related to Uniform civil code. Hence, the word “enact” was avoided and instead, words like “endeavour” were placed in the provision. They wanted the Code to be enacted and enforced at the end of an evolutionary process in voluntary form, whereby each and every person is in a position to accept and actually practice the same in their everyday life. It was understood even the unity of India further strong by the implementation of the uniform civil code. The pain of the partition based on the religion forced the founding fathers of the constitution incorporated the provision for undivided India and also under the directive principles of the state policy directs the state shall endeavour Uniform Civil Code and believed that enforcement of the Uniform Civil code can reduce the chaos and complexities among the people of India and improve the secular character and unity of the country. However, 75 years of independent India have not helped achieve this goal. In this article we explain the easy procedure for implementing the Uniform Civil Code in India given by the founding fathers in the constituent assembly with successful illustrative enactment in India.
Keywords: Uniform Civil Code, Article 44, Constitution of India, Founding Father, Constituent Assembly.
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