Stories
Why Did Congress Support UCC in Constituent Assembly, Then Change Stance?
- •UCC is a hot topic in India, with Home Minister Amit Shah stating it would pass in 21 NDA-ruled states before 2029.
- •Personal matters like marriage, property, and inheritance are governed by religion-specific laws in India; Hindus follow Indian Constitution and Hindu Code, while Muslims follow Muslim Personal Laws.
- •In 1985, the Supreme Court called for UCC implementation in the Shah Bano case, but the Rajiv Gandhi government amended the Constitution to overturn the decision.
- •Uttarakhand was the first state to implement UCC, effective January 2025; UCC bills have also passed in Gujarat, Assam, and Madhya Pradesh.
- •The debate on UCC in the Constituent Assembly took place on November 23, 1948, becoming Article 44 of the Constitution, part of the Directive Principles of State Policy.
Key Questions Answered
The debate on the Uniform Civil Code in the Constituent Assembly took place on November 23, 1948, focusing on the draft article that later became Article 44 of the Constitution. Article 44 establishes that the State shall endeavor to secure a Uniform Civil Code throughout India as part of the Directive Principles of State Policy rather than a fundamental right.
Congress leader K.M. Munshi argued that personal laws should not block social reform or women's rights, noting that discrimination existed even in Hindu laws and that the state must legislate for equality. Similarly, Alladi Krishnaswamy Iyer stated that the UCC aimed to create a common civil system rather than abolish any religion, drawing parallels to uniform criminal and commercial laws.
Although prominent Congress leaders supported the UCC in the Constituent Assembly, the party adopted a more cautious approach toward minority personal laws in the decades following independence. A major turning point occurred after the 1985 Shah Bano case when the Rajiv Gandhi government passed the Muslim Women Act, leading the UCC to emerge as a distinct political dividing line between Congress and the BJP.
