Question
Download Solution PDFWhich of the following articles of the Indian Constitution is related to Uniform Code of Conduct?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Article 44.
Key Points
- Article 44 of the Indian Constitution directs the State to endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.
- The Uniform Civil Code (UCC) aims to replace personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen.
- Article 44 falls under the Directive Principles of State Policy (Part IV), which are non-enforceable by courts but serve as guiding principles for governance.
- The UCC is intended to promote gender equality, secularism, and national integration by ensuring equal treatment under the law for all citizens irrespective of religion.
- It has been a topic of debate and discussion since the inception of the Constitution, with proponents arguing for social justice and critics expressing concerns about religious freedom.
Additional Information
- Directive Principles of State Policy (DPSP):
- Part IV of the Indian Constitution outlines the Directive Principles of State Policy.
- These principles are non-justiciable, meaning they cannot be enforced by any court.
- They serve as guidelines for the government to establish policies aimed at achieving social and economic democracy.
- Examples include promoting the welfare of the people, ensuring equal pay for equal work, and securing environmental protection.
- Personal Laws in India:
- Personal laws govern matters such as marriage, divorce, inheritance, adoption, and maintenance.
- They differ based on religious communities, such as Hindu, Muslim, Christian, and others.
- Examples include the Hindu Marriage Act, Muslim Personal Law, and Christian Marriage Act.
- Critics argue that these laws may lead to inequality and discrimination, particularly against women.
- Secularism in India:
- India follows the principle of secularism, meaning the State treats all religions equally and does not favor or discriminate against any.
- The concept of secularism is enshrined in the Preamble of the Constitution.
- UCC is often discussed in the context of secularism, as it aims to unify legal practices across religions.
- Historical Background of UCC:
- The demand for UCC can be traced back to the colonial era when the British codified laws for Hindus and Muslims but left other communities untouched.
- The framers of the Indian Constitution, including Dr. B.R. Ambedkar, envisioned UCC as a step toward modernizing and unifying the nation.
- However, due to opposition from various religious groups, it was included in the non-enforceable Directive Principles instead of the Fundamental Rights.
Last updated on Jun 12, 2024
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