UNIFORM CIVIL CODE IN INDIA: CONSTITUTIONAL MANDATE AND THE CHALLENGE OF CULTURAL PLURALISM

Abstract

The Uniform Civil Code (UCC), enshrined in Article 44 of the Indian Constitution as a Directive Principle of State Policy, envisions the creation of a common set of personal laws governing all citizens, irrespective of religion. While this objective reflects the constitutional ideals of equality, secularism, and national integration, it also raises fundamental questions about India’s deep-rooted cultural and religious diversity protected under Articles 25 to 28. This paper critically examines the constitutional mandate for a UCC and its complex relationship with the right to freedom of religion. It explores how judicial pronouncements, from Shah Bano to Sarla Mudgal, have reignited the debate on balancing secular legal reform with the pluralistic fabric of Indian society. The paper also analyzes the divergent views of successive Law Commission reports and evaluates the political and social implications of implementing a UCC in a multi-religious, multicultural democracy. By engaging with comparative legal frameworks and indigenous reform movements, the study investigates whether legal uniformity necessarily entails cultural homogenization or whether a harmonized approach can respect diversity while promoting constitutional morality. The paper concludes that any move toward a Uniform Civil Code must be grounded in democratic deliberation, inclusive dialogue, and respect for India’s pluralistic ethos, ensuring that reform does not become a tool for majoritarian imposition but rather a means of social justice for all.