Which of the following articles of the Indian Constitution is related to Uniform Code of Conduct?

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Uttarakhand (Patwari/Lekhpal) Official Paper (Held On: 8 Jan 2023)
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  1. Article 10
  2. Article 12
  3. Article 44
  4. Article 242

Answer (Detailed Solution Below)

Option 3 : Article 44
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Detailed Solution

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The 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.
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