Article 44 and Uniform Civil Code

Article 44 embodies the objective that the State should endeavour to secure a Uniform Civil Code for citizens throughout India. Such a code would provide a common framework for civil matters presently governed by different personal laws, such as marriage, divorce, adoption and succession.

Constitutional basis

Article 44 is a Directive Principle of State Policy in Part IV of the Constitution. Under Article 37, Directive Principles are not enforceable by courts, but they are fundamental in the governance of the country, and the State must apply them in making laws.

• The expression “State shall endeavour” creates a constitutional goal for legislative policy rather than an individually enforceable right.
• The objective extends to citizens throughout the territory of India.

Scope of the objective

The objective is uniformity in the rules governing civil and family relations, not the creation of a common criminal code. Entry 5 of the Concurrent List covers marriage, divorce, adoption, wills, intestacy, succession, joint family and partition, allowing both Parliament and State Legislatures to make laws on these subjects.

• Article 44 does not prescribe the content, timetable or method for introducing a Uniform Civil Code.
• A common civil framework is associated with legal equality, national integration and reform of discriminatory personal-law rules.

Constitutional balance

Implementation must be harmonised with the guarantees of equality under Articles 14 and 15 and freedom of religion under Article 25. Article 25 itself makes religious freedom subject to other Fundamental Rights, public order, morality and health, while permitting regulation of secular activities associated with religious practice.

• The constitutional task is to reconcile equality and reform with legitimate religious and cultural freedoms.