Supreme Court Notes Lack Of Progress On Uniform Civil Code Despite Backing Of Directive Principles And Past Judgments
Supreme Court Notes Lack Of Progress On Uniform Civil Code Despite Backing Of Directive Principles And Past JudgmentsSupreme Court of India

Highlighting the endorsement made by its own previous judgments, as well as the directive principles of state policy in the constitution, for a common system of personal laws to be created, the Supreme Court has noted how there has been a complete lack of progress in introducing a uniform civil code (UCC), reports The Times of India.

The bench made the comments while adjudicating an inheritance case where the petitioner belonged to Goa, which the court noted was the only state in the country which had something akin to a UCC in the form of the Portuguese Civil Code of 1867. Accepting contentions in favour of the petitioner, the court ruled that inheritance of property of Goans would be governed by the said code in matters of inheritance even when located outside the state.

After pronouncing its judgment on the main issue, the court also decided to make observations regarding the lack of a UCC in the country.

“It is interesting to note that whereas the founder of the Constitution in Article 44 in Part IV dealing with the Directive Principles of State Policy had hoped and expected that the state shall endeavour to secure for the citizens a uniform civil code throughout the territories of India, till date no action has been taken in this regard,” said the bench comprising Justices Deepak Gupta and Aniruddha Bose.

The court also noted how in its own landmark judgments like Shah Bano and Sarla Mudgal it has urged the creation of a UCC.

An Appeal...

Dear Reader,

As you are no doubt aware, Swarajya is a media product that is directly dependent on support from its readers in the form of subscriptions. We do not have the muscle and backing of a large media conglomerate nor are we playing for the large advertisement sweep-stake.

Our business model is you and your subscription. And in challenging times like these, we need your support now more than ever.

We deliver over 10 - 15 high quality articles with expert insights and views. From 7AM in the morning to 10PM late night we operate to ensure you, the reader, get to see what is just right.

Becoming a Patron or a subscriber for as little as Rs 1200/year is the best way you can support our efforts.

Become A Patron
Become A Subscriber
Advertisement