CONSTITUTIONAL VALIDITY OF UCC: BOON OR BANE?

Abstract
Examining the Uniform Civil Code in India and its impact on Indian society and
democracy, this study seeks to determine whether the code is constitutional and beneficial. In
essence, the UCC states that all citizens, irrespective of their religious affiliation, are subject to
the same set of civil laws. Currently, Hindu, Muslim, Christian, and Parsi personal laws
regulate marriage, divorce, inheritance, and adoption in their own unique ways.
This study examines Article 44, which is part of the DPSP, and the ways in which it
interacts with the Fundamental Rights, namely Articles 14, 15, 21, and 25. This conflict
between the two sections of the constitution has always been there, but it has never been more
apparent than in the UCC dispute.
Cases that illustrate the courts' efforts to strike a compromise between religious freedom
and equality include Shah Bano (1985), Sarla Mudgal (1995), and Shayara Bano (2017). We
also take a close look at the Uttarakhand UCC Act 2024, which was passed not long ago and
makes this Indian state the first to enact a comprehensive UCC since independence.
The article finds that the UCC has constitutional validity, but its implementation,
consultation, and sincerity about secularism (or lack thereof) will determine whether it is a
blessing or a curse for minority groups. Justice and equality for women can result from a well
Page | 1085
ISSN: 2581-8503
www.whiteblacklegal.co.in
Volume 3 Issue 6 | April 2026
run UCC, but social cohesion and the republic's secular basis can be jeopardized by a poorly
run one.
Keywords: Uniform Civil Code, Article 44, Constitutional Validity, Directive Principles,
Fundamental Rights, Gender Justice, Secularism, Personal Laws, Minority Rights.