Uniform Civil Code?

This provisions has been kept in cool storeage ever since it was enacted in the Constitution. Under our Constitutional scheme Fundamental Right is only a means and not an ends and the ends can be found in part IV of the Constitution and there is a need to synthesise part III and IV as pointed out by Chief Justice Chandrachud, in Monerva Mills Ltd case. For the synthesisation of part III and IV Legislature must act and if it does not act the Court must step in to synthesise that part III and IV otherwise the means in part III will have no meaning. The Court must rise to the occassions without saying that it is not within the domain of the Judiciary to order the Legislature to act. This must be taken not only in regard to Uniform Civil Code but must extend to other areas like the powers and functions of State Public Service Commission and Seperation of Judiciary from the Executive etc. Thank you for raising the issue. Hope the members will join in.

 The Supreme Court first directed the Parliament to frame a UCC in the year 1985 in the case of Mohammad Ahmed Khan v. Shah Bano Begum(AIR 1985 SC 945 ) popularly known as the Shah Bano case. In this case, a penurious Muslim woman claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq from him. The Supreme Court held that the Muslim woman have a right to get maintenance from her husband under Section 125. The Court also held that Article 44(The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.") of the Constitution has remained a dead letter. The then Chief Justice of India Y.V. Chandrachud observed that,"A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies"
     Coming to the point,  For any country there is One President, One Prime Minister, One National Flag, One National Anthem etc...., which bind all indians together inrespect of Religion, Cast or creed. Like that, there should be only one Civil Code which binds all indians together.

Not only in the field of Domestic law having National law with Common Civil Code, but matter has now extended beyound the National Boundries with Laws like "The Hague Coference on Private International Law" which  is embracing almost all the Civil Domestic Laws as a common civil Code of different Nationality from marriage, divorce, adoption to trade and comerce and now Apostillis. So why not Commmon Civil Code for India? what is holding back the Government of India? There is a need to have a thematic discussions from National Level in this issue.

It is most unfortunate that in the garb of vote bank politics the nation has waited for last about six decades for enacting a Common Civil Code. God alone knows how long it has to wait for the same?

If we look at the Directive Principles of State Policy and the reality that surround us, we can only say that DPS is only a piece of decoartions.Shree, eough of waiting and we should forrget the matter and concetrate on the Hague Conference on Private International Law.