Vipin Sharma
National University of Study and Research in Law, Ranchi

Article 44 of Indian Constitution Says that “The State shall endeavour to secure for citizens a uniform civil code throughout the territory of India.”  Tough the Art. is DPSP but fundamental rights and directive principles aim at the same goal of bringing about a social revolution and establishment of a welfare state and they can be interpreted and applied together. They are supplementary and complimentary to each other. It can well be said that directive principles prescribed the goal to be attained and the fundamental rights laid down the means by which that goal is to be achieved. The word “religion” has not been defined in the Constitution and indeed it is a term which is hardly susceptible of any rigid definition. The State has no religion. The State is bound to honour and to world the scales even between all religions. It may be more useful to develop a general, uniform civil code for all religions in order to reduce the possibility of loopholes. A uniform civil code would allow for clarity within the Indian legal system. The legal maze is bewildering enough without retaining a wide permutation and combination of laws which create rights in some and take them away in another depending upon their religion. The Constitution has chosen secularism as its vehicle to establish an egalitarian social order. Secularism is part of the fundamental law and basic structure of the Indian political system. Constitutional provisions prohibit the establishment of a theocratic State and prevent the State from identifying itself with or otherwise favoring any particular religion.

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Posted by Suvid Chaturvedi