Recently, the 22nd Law Commission has sought fresh views on implementing a Uniform Civil Code (UCC) in India. The Uniform Civil Code is outlined in Article 44 of the Indian Constitution (Directive Principles of State Policy), which states: “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”
- UCC : Currently, Indian personal law is fairly complex, with each religion adhering to its own specific laws. A Uniform Civil Code would provide for one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption, etc.
Benefits | Challenges in its implementation |
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Way forward:
- 21st Law Commission suggests focusing on reforming family laws for gender equity instead of UCC.
- Reflect Multiculturalism: Ensure that the proposed UCC respects India’s diverse cultural fabric while promoting unity over uniformity.
- Inclusive Discussions: Engage diverse stakeholders, including religious leaders, legal experts, and community representatives, in the UCC development process.
- Striking Balance: Eliminate only practices inconsistent with constitutional standards, prioritizing substantive equality and gender justice.
The Indian Constitution reflects a unique balance between Fundamental Rights (FRs) under Part III and Directive Principles of State Policy (DPSPs) under Part IV. While Fundamental Rights are justiciable and enforceable by the courts, DPSPs are non-justiciable but are essential for good governance and socio-economic justice. The interplay between the two has evolved through judicial interpretation over time.
Points of Conflict and Tension:
- Primacy of Fundamental Rights (Initially):
- In early years, the judiciary prioritized Fundamental Rights over DPSPs.
- Case: Champakam Dorairajan v. State of Madras (1951)
➤ Supreme Court struck down caste-based reservations as violative of Article 15, stating DPSPs must yield to Fundamental Rights.
- Parliament’s Response – First Constitutional Amendment (1951):
➤ Added Article 15(4) to allow reservations and protect DPSPs’ implementation. - Property Rights Conflict:
- Land reform laws (under Article 39(b) & (c)) clashed with Right to Property (then a Fundamental Right under Article 31).
- Parliament inserted Articles 31A, 31B and Ninth Schedule to protect such laws from judicial review.
- Led to tension between Parliamentary sovereignty vs. Judicial review.
Judicial Evolution and Balancing Approach:
- Golak Nath v. State of Punjab (1967):
- Supreme Court ruled that Fundamental Rights cannot be amended to implement DPSPs.
- Led to judicial supremacy and limited Parliament’s power.
- Kesavananda Bharati v. State of Kerala (1973):
- Landmark case that introduced the Basic Structure Doctrine.
- Ruled that Parliament can amend any part of the Constitution, including FRs, but not the basic structure.
- Attempted to reconcile FRs and DPSPs.
- Minerva Mills v. Union of India (1980):
- Struck down part of the 42nd Amendment which gave primacy to DPSPs over FRs.
- Held that harmony and balance between FRs and DPSPs is part of the Basic Structure.
- Unni Krishnan v. State of Andhra Pradesh (1993):
- Interpreted Right to Education as part of Right to Life under Article 21, aligning with Article 45 (DPSP).
- Eventually led to the 86th Amendment, making Right to Education (Article 21A) a Fundamental Right.
- Olga Tellis v. Bombay Municipal Corporation (1985):
- Recognized Right to Livelihood as part of Right to Life (Article 21), aligning with Article 39(a).
Complementarity and Convergence:
- DPSPs guide the interpretation and expansion of Fundamental Rights:
- Article 21 (Right to Life) now includes the right to health, education, clean environment—many of which were originally DPSPs.
- The judiciary has used DPSPs to give substance to FRs, especially in Public Interest Litigations (PILs).
Concern:
- Judicial activism in interpreting DPSPs into FRs may blur the line between enforceable and non-enforceable rights.
- Legislative Pushback: Amendments like the 25th and 42nd reflect state frustration with judicial primacy of FRs, indicating ongoing tension in prioritizing welfare over individual rights.
The interplay between Fundamental Rights and Directive Principles has shifted from conflict to cooperation and convergence. The Supreme Court, through progressive jurisprudence, has ensured that both are harmonized to achieve the Constitution’s vision of a just, equitable and inclusive society. The balance struck in cases like Minerva Mills and Kesavananda Bharati affirms that neither can override the other, and both are essential to the constitutional fabric.
The term ‘democratic’ in the preamble of the Indian Constitution encompasses not only political democracy but also social and economic democracy.
Political Democracy: ensures that power resides with the people.
- Universal Adult Suffrage (Article 326): Ensures voting rights for all citizens above 18 years.
- Elections and Representation (Articles 324-329) : Regular elections ensure people choose their representatives.
- Fundamental Rights (Part III, Articles 12-35) : Guarantees rights like equality before law (14), freedom of speech (Art 19) etc.
- Independent Judiciary(Articles 124-147) : Remedies for enforcement of fundamental rights (Art. 32 ) and ensures rule of law.
Social Democracy: focuses on equality and social justice, aiming to reduce disparities.
- Directive Principles of State Policy (DPSP): Guidelines for achieving social and economic justice. (Part IV, Articles 36-51)
- Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. (Art. 15)
- Reservation Policies: Provides quotas in education and jobs for marginalized groups. (Articles 15(4),15(5), 15(6) 16(4), 16 (6), 46)
- Abolition of Untouchability: Prohibits discrimination based on caste. (Article 17)
- Abolition of titles—No title, not being a military or academic distinction, shall be conferred by the State. (Art. 18)
- Rights of Minorities: Protects cultural and educational rights of minorities. (Articles 29-30)
- Uniform civil code for the citizens : The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India (Art. 44)
- Protects workers’ health, strength, and prevents child labor. (Article 39(e))
Economic Democracy: emphasizing worker and community participation in economic decision-making, aiming to promote equity, reduce inequality.
- Equality of opportunity in matters of public employment (Art. 16)
- Minimum Inequalities : The State shall strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities (Art 38(2))
- Distribution of Community Resources: Article 39(b) directs the State to ensure that ownership and control of material resources are distributed to serve the common good.
- Prevention of Wealth Concentration: Article 39(c)
- Right to Adequate Means of Livelihood: Article 39(a) ensures that citizens, both men and women, have the right to an adequate means of livelihood.
- Equal Pay for Equal Work: Article 39(d) mandates equal pay for equal work for both men and women.
- Workers’ Rights: Ensures just and humane conditions of work and maternity relief (Art 42 ) and living wages (Art 43).
- Land Reforms: Validation of certain Acts and Regulations. (NINTH SCHEDULE and Art. 31(b))
Thus, while the fundamental rights in the Indian Constitution establish political democracy, the directive principles establish economic and social democracy. These provisions ensure political participation, social justice, and economic equality for all citizens, striving towards a just and inclusive society.
