EMPIRICAL RESEARCH ON THE NEED FOR UNIFORM CIVIL CODE IN INDIA

Abstract The Constitution of India has enumerated certain Directive Principles of State Policy with a view to achieve amelioration of the socio-economic condition of the masses. In this era, these policies strengthen and promote this concept by seeking to lay down some welfare goals to promote the welfare of the people and achieve economic democracy. One such directive principle is the Constitutionally-enshrined Uniform Civil Code. Article 44 requires the state to strive to secure for the citizens of India a uniform civil code throughout India. This Article is considered fundamental to the governance of the country. The mandate of Article 44 is addressed to the “State” which includes the Government and Parliament of India and the Government and Legislatures of each of the states and all other local and municipal bodies, and other bodies under the Government of India. The founding fathers of our Constitution could anticipate the issues related to such legislation. Hence, the word “enact” was avoided and instead, words like “endeavor” and “strive” were placed in the provision. They wanted the Code to be enacted and enforced at the end of an evolutionary process, whereby each and every person is in a position to accept and actually practice the same in their everyday life. It was understood even then that to unite India further, there is a need for the Uniform Civil Codehowever 66 years of independent India have not helped achieve this goal.