Trace the genesis and development of Uniform Civil code in India. Cite authoritative judgments on this issue.
In short
The Uniform Civil Code originates in Article 44, kept as a Directive Principle after Constituent Assembly debates, and developed through Hindu law codification in 1956, judicial calls and state laws like Uttarakhand's 2024 code. Authoritative judgments include Shah Bano (1985), Sarla Mudgal (1995) and Shayara Bano (2017).
Model answer
Ghissu Editorial · Verified 4 Oct 2026 · 276 words
Colonial Legacy and Early Codification
British-era personal laws entrenched pluralism to avoid communal unrest; Hindu personal laws were codified in 1956, including Sikhs, Jains, and Buddhists, while other communities retained distinct laws, complicating uniformity.
Judicial Milestones
The Shah Bano case (1985) upheld Muslim women’s maintenance rights under secular law, prompting the Muslim Women (Protection of Rights on Divorce) Act, 1986, which diluted the judgment but reignited UCC debate; the Shayara Bano case (2017) struck down triple talaq, reinforcing demands for UCC.
State-Level and Commission Efforts
Uttarakhand (2024) became the first state after independence to enact a UCC focusing on gender equality; Assam has moved in the same direction with a ban on polygamy; the 2018 Law Commission recommended gradual codification based on universal justice principles and fairness rather than abrupt reform.
Sarla Mudgal (1995)
The Supreme Court strongly advocated UCC to resolve conflicts in personal laws, especially regarding marriage and bigamy, and to protect women’s rights and legal consistency.
Phased Reform
Drawing lessons from Uttarakhand and Assam, reforms should be gradual, codifying personal laws with universal principles of justice and ensuring political will to overcome resistance.
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