Uniform Civil Code: A Constitutional and Social Insight

Abstract

The article talks about the theme of constitutional morality v social morality and its relevance and impact on Indian Democracy through a specific analysis of the Universal Civil Code. This paper explains the said concept and the related legal provisions incorporated in the Constitution of India. An examination of the Uniform Civil Code's origins and its pros and cons is presented in this paper. The article analyzes the extremely debated proposition, prevailing in society i.e. the relationship of the Uniform Civil Code with Secularism, and the way it has been and is being interpreted by society. The article has focused majorly on the constitutional, social, and judicial perspectives in this regard. It also contains instances where the concept has been accepted and implemented. It critically analyzes the current situation prevailing in our country with respect to the constitutional perspective of the Uniform Civil Code. Furthermore, this paper discusses whether or not the Uniform Civil Code can be enforced. The objective of this article is to highlight the importance of this concept and how the implementation of uniform civil law in society will bring peace, harmony, and brotherhood among the people of the nation. Doctrinal Research Method has been applied to this research paper. The researchers have followed the secondary data collection and referred to various books, articles, notes, research papers, comments, and other writings to incorporate the distinct views prevailing in society. Several Case Laws have been taken into account and have been used in this paper, to demarcate the current trend. This article further emphasizes the lesser-explored perspective as to how the essence of various aspects of the Uniform Civil Code and the morals of our nation are integrated. The article ends with a certain set of recommendations and conclusions to set a framework that is required to safeguard and create a balance between our constitutional and social values.