Context:

Recent observations by the Supreme Court have put the spotlight back on the debate over a Uniform Civil Code.

Uniform Civil Code

• A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall apply to all uniformly.
• Coverage area: It covers areas like – Inheritance, Marriage, adoption, divorce, maintenance, etc. It is based on the presumption that no connection exists between religion and law in modern civilization.
• Constitutional provision: Article 44 present in the Directive Principles of State Policy (Part IV) of the Indian Constitution states, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”.

The two crucial debates

• DPSP vs Fundamental Rights 
  • Fundamental Rights are justiciable while DPSP is not, this makes Fundamental Rights inherently more important than DPSP.
  • The 42nd Amendment Act, inserted Article 31C which stated that, if a law is made to implement any directive principle, it cannot be challenged on the ground of being violative of the fundamental rights under Articles 14 and 19.

• Uniform Civil Code vs Fundamental Right to Religion

Some important Articles relating to Fundamental Right to Religion in the current debate are:

• Article 25 – lays down the individual right to religion
• Article 26 – Right of each religious denomination to or any section to manage its affairs in matters of religion
• Article 29 – includes the right to conserve distinctive culture (is a part of Cultural and Educational Rights)
• An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to fundamental rights.
• The Constituent Assembly was divided on the matter of whether UCC and the Right to religion should be in the same Part.
• But eventually, the assembly voted by 5:4 ratio of keeping UCC in Part IV, thus giving it lesser importance than the Fundamental Right to religion.

Minerva Mills Judgement (1980)

• In the Minerva Mills Judgement (1980), Supreme Court held, “Indian Constitution is founded on the bedrock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles). To give absolute primacy to one over the other is to disturb the harmony of the Constitution”.
• Thus, Supreme Court held that a balance between Fundamental Rights and DPSP is needed in policy-making.