AATMABHAN Multidisciplinary Research Journal
Description
Uniform Civil Code(UCC Article 44).The code which has potential to stir the whole country. The code surges the emotions not only in the minority community(Muslims,Tribals) but also in the majority faction(Hindus). The process for the execution of code makes the legislators and judiciary take a deep dive into questions like, what should be the extent to which the state should interfere in personal matters. Civil matters such as marriage, divorce, inheritance, and maintenance are the main debatable subjects in this civil code as the laws regarding these subjects are different for different communities in India. The Muslim side opposes this code because they believe that, UCC will hamper their personal laws, and to oppose it, they wield the power of Articles 25 and 26 of the constitution. The party that wants UCC to be implemented in the country uses Articles 14, 15, 21 and 25 of the constitution. It is quite contradictory but it seems that the interpretation of Articles 25 and 26 is very important for the judiciary to pave the way for the legislators to enact the law. Enacting this code will bring uniformity in this country, but at the same time government and judiciary have to watch that pluralism and secularism should not be violated, as secularism and diversity of this country mark the basic structure of this constitution. The main question arises,”How will you execute the Uniform Civil Code and which paths you will follow to smoothen its procedure?” The paper is all about the probable procedures and technicalities that the judiciary and legislators have to follow while enacting this uniform code.
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