Logo
International Journal of
Law
ARCHIVES
VOL. 10, ISSUE 1 (2024)
Uniform civil code: A critical view from family law perspective in India
Authors
John Kennedy
Abstract

The history of India demonstrates the concept of 'unity in diversity', which is also reflected in the Constitution of India. The Constitution's fundamental framework of unity and integrity is designed to uphold and advance the personal laws of its residents, which pertain to marriage, divorce, inheritance, adoption, and maintenance. Furthermore, the Constitution of India advocates for the distinctiveness of its inhabitants rather than conformity, and emphasises a comprehensive comprehension of fundamental rights.

The problem at hand pertains to the need for the establishment of a single legislation in India, aimed at ensuring consistency, which would rule all individuals in the country, irrespective of their own laws. Furthermore, the notion of uniformity as unity jeopardises the distinctiveness of its inhabitants.

Is uniformity really necessary at this point, and what does the legislature mean when it talks about creating one law for all of India? Does judicial activism aim to promote uniformity or unity? The objective is to examine the significance of establishing a unified civil code as a single law and the coexistence of personal laws as a representation of diversity. Additionally, it strives to promote an understanding of social and legal issues as a necessity.

A critical analysis is conducted using legislation, bylaws, and ordinances as primary sources, and judgements as secondary ones. Additionally, it provides benefits to stakeholders such as scholars, litigants, and members of the public.
Download
Pages:98-101
How to cite this article:
John Kennedy "Uniform civil code: A critical view from family law perspective in India". International Journal of Law, Vol 10, Issue 1, 2024, Pages 98-101
Download Author Certificate

Please enter the email address corresponding to this article submission to download your certificate.