Uniform civil code for the citizens

Article 35, Draft Constitution of India 1948

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

Article 44, Constitution of India 1950

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

Draft Article 35 (Article 44) was debated on 23 November 1948. It directed the State to bring about a uniform civil code across India.

The debate around the Draft Article triggered conflict in the Assembly. Most of the opposition to the Draft Article came from Muslim members who moved amendments to keep personal laws out of it’s scope. One member proposed a proviso that would have operationalised the Draft Article only with the prior assent of the community.

The arguments mobilised to attack the Draft Article included — first, that uniform civil code violated freedom of religion; second, that it would create disharmony within the Muslim community; and third, that it was incorrect to interfere with personal law without the approval of the specific religious communities involved.

A Drafting Committee member defended the provision and argued that a uniform civil code was important to uphold the unity of the country, and the Constitution’s secular credentials. He reminded Muslims members that this was not a provision that would affect the Muslim community alone – even the Hindu community would be affected. He further added that women’s rights could never be secured without a uniform civil code.

At the end of the debate, it was clarified that there was nothing new about the uniform civil code: there was already a common civil code in India. The only difference with the new code was that it would cover marriage and inheritance – which were not under the scope of the existing code. It was also pointed out that this was a Directive Principle, the State was not obliged to bring the provision into effect immediately and it should only do so when it obtained the consent of all communities,

The Draft Article was adopted on the same day, without any amendments.