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How the Constituent Assembly Debated the Uniform Civil Code

Indian Express·2026-09-22· Read original

"How the Constituent Assembly Debated the Uniform Civil Code"

Prelims Facts

  • •Article 44 places the Uniform Civil Code under the Directive Principles of State Policy in Part IV of the Constitution.
  • •Article 37 states DPSPs are not enforceable by courts but are "fundamental in the governance of the country".
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Key Terms

Directive Principles of State Policy

Part IV goals guiding the State, not enforceable by courts but fundamental in governance.

Article 44

Constitutional directive to secure a Uniform Civil Code across India.

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Study Note

BackgroundCore Concept

Background

Article 44 of the Constitution directs the State to "endeavour to secure for the citizens a uniform civil code throughout the territory of India." It sits in Part IV among the Directive Principles of State Policy (DPSPs). Article 37 clarifies the legal status of this entire part: DPSPs "shall not be enforceable by any court," yet they are "nevertheless fundamental in the governance of the country," and it is the duty of the State to apply them while making laws. This dual character, morally binding but judicially unenforceable, is exactly why Article 44 has remained an aspiration for over seven decades rather than a legislated code.

The provision was debated in the Constituent Assembly on 23 November 1948, when the House took up what was then Draft Article 35. The debate sat at the intersection of two competing constitutional values: the individual and community right to freedom of religion, then framed as Draft Article 19 and now Article 25, and the State's aspiration to build a unified secular legal order across religious communities. This tension between Article 44 and Articles 25-28 has never been fully resolved, and it continues to shape every subsequent UCC discussion, including recent state-level attempts such as Uttarakhand's civil code.

Several Muslim League members, including Mohammad Ismail Khan, B Pocker, Naziruddin Ahmad, Mahboob Ali Baig, and Syed Hussain Imam, opposed the provision, arguing that personal law on marriage, inheritance, and divorce was inseparable from religious practice and that a secular state should not compel uniformity. Congress members including K M Munshi and Alladi Krishnaswami Ayyar argued the opposite: that succession and inheritance were secular social relations wrongly treated as religious, and that a common code would consolidate national unity without being an act of majoritarian tyranny.

The Topic Explained

The opponents' central argument rested on continuity and religious liberty. They pointed out that even 175 years of British rule had not touched core personal laws, and that Muslim communities had governed succession and marriage through their own jurisprudence for centuries. Naziruddin Ahmad argued reform must be "gradual" and should "progress with the advance of time," rather than being imposed by the State all at once. Mahboob Ali Baig went further, contending that "Civil Code" itself should not be read to include strictly personal religious law.

The supporters countered on two grounds. First, K M Munshi argued that where a religious practice touches a secular activity, such as inheritance, Parliament was already empowered to legislate on it without violating the fundamental right to religion, since the Assembly had accepted this principle for social reform and social welfare measures elsewhere in the Constitution. …

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Related PYQs

2013GS1 Prelims

According to the Constitution of India, which of the following are fundamental for the governance of the country?

AFundamental Rights
BFundamental Duties
CDirective Principles of State Policy
DFundamental Rights and Fundamental Duties
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2015GS1 Prelims

The ideal of 'Welfare State' in the Indian Constitution is enshrined in its

APreamble
BDirective Principles of State Policy
CFundamental Rights
DSeventh Schedule
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Practice MCQs

Polityeasy

Consider the following statements about the Directive Principles of State Policy (DPSPs):

1.They are contained in Part IV of the Constitution.

2.They are enforceable by courts of law.

3.Article 37 declares them fundamental in the governance of the country.

Which of the statements given above is/are correct?

A1 only
B1 and 3 only
C2 and 3 only
D1, 2 and 3
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Polityeasy

Which article of the Constitution declares that the Directive Principles of State Policy, though not enforceable by any court, are nevertheless fundamental in the governance of the country?

AArticle 32
BArticle 13
CArticle 37
DArticle 44
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Politymedium

Which of the following statements about the constitutional treatment of the Uniform Civil Code is/are correct?

1.Article 44 falls under the Directive Principles of State Policy, in Part IV of the Constitution.

2.Personal law is placed exclusively in the Union List, giving only Parliament power to legislate on it.

3.The Constituent Assembly debate on the UCC provision took place on 23 November 1948.

Select the correct answer using the code below.

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
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Politymedium

According to Dr B R Ambedkar's clarification during the Constituent Assembly debate on the Uniform Civil Code, which of the following best reflects his position?

AThe UCC would be compulsorily applicable to all citizens from the commencement of the Constitution
BA future UCC law could initially be made optional, allowing communities to choose to be bound by it
CThe UCC would apply only to inheritance and would never extend to marriage or divorce
DThe Assembly rejected the UCC proposal outright, and Article 44 does not appear in the final Constitution
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Polityhard

With reference to the Constituent Assembly debate on the Uniform Civil Code (23 November 1948), match List I (Member) with List II (Position taken):

List I:

1.K M Munshi

2.Naziruddin Ahmad

3.Alladi Krishnaswami Ayyar

4.Mohammad Ismail Khan

List II:

A.Opposed UCC, arguing it interfered with freedom of religion

B.Supported UCC, arguing personal law provisions on inheritance were secular, not religious

C.Supported UCC, describing its aim as reaching a common measure of agreement

D.Opposed UCC, arguing a secular State should not interfere with community personal law

A1-B, 2-A, 3-C, 4-D
B1-C, 2-D, 3-B, 4-A
C1-A, 2-B, 3-D, 4-C
D1-D, 2-C, 3-A, 4-B
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