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Critical Topics and Their Significance for the UPSC CSE Examination on January 25, 2025

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How Constituent Assembly debated Uniform Civil Code?

For Preliminary Examination:  Current events of national and international importance

For Mains Examination: GS II - Indian Polity & Governance

Context:

Although the debate on the Uniform Civil Code (UCC) dates back to the early 1940s, its constitutional journey began during the committee stage of Constitution-making in 1947. On the 76th Republic Day, let’s revisit how the Constituent Assembly debated the UCC, and what was the stance of noted figures on it.

Read about:

Uniform Civil Code (UCC)

Directive Principles of State Policy (DPSP)

Key takeaways:

Debate on the Uniform Civil Code (UCC)

• The Constituent Assembly debates offer invaluable insight into the intentions of the Constitution's framers, shedding light on the reasoning and principles behind each article. While constitutional provisions represent the finalized framework, these debates capture the diversity of opinions and the efforts of representatives to reconcile conflicting perspectives in a newly independent and heterogeneous nation.
• Although the political discourse on the UCC began in the early 1940s, its formal constitutional journey commenced in 1947 during the committee stage of drafting the Constitution.
• The Fundamental Rights Sub-Committee debated whether the UCC should be part of justiciable or non-justiciable fundamental rights. Eventually, the UCC was included in the non-justiciable Directive Principles of State Policy, supported by the majority. However, dissenting voices—M.R. Masani, Hansa Mehta, and Amrit Kaur—argued for guaranteeing a UCC within five to ten years, citing the divisive nature of personal laws based on religion.
• The provision, initially drafted as Article 35, was introduced by the Drafting Committee on February 21, 1948, and later included in the Directive Principles as Article 44. An intense debate over the draft Article 35 unfolded on November 23, 1948, highlighting concerns over balancing the UCC with constitutional protections for religious freedom.

UCC and Religious Rights

• The debate began with Mohammad Ismail Sahib, a Constituent Assembly member from Madras, proposing an addition to Article 35 to ensure no community would be compelled to abandon its personal laws.
• He emphasized that personal laws were intertwined with justiciable fundamental rights and warned against interference with religious practices by a secular state. Sahib argued that a UCC might cause disharmony rather than fostering unity, a concern shared by others, including B. Pocker and Mahboob Ali Baig, who sought to protect personal laws.
• Critics of the draft Article 35, such as Naziruddin Ahmad, suggested amendments requiring community consent before altering personal laws. While Ahmad acknowledged the eventual necessity of a UCC, he advocated for a cautious, gradual approach that prioritized community agreement.
• In defense of the UCC, K.M. Munshi argued that the provision neither infringed on religious freedom nor imposed tyranny. He emphasized Parliament’s authority to legislate on social reform and welfare, citing examples from countries like Turkey and Egypt, where personal laws had not been treated as immutable. Munshi also highlighted the inconsistencies within Hindu personal laws and the need to address gender discrimination perpetuated by religious practices.
• Alladi Krishnaswami Ayyar supported Munshi’s stance, stating that the UCC was essential for fostering nationa