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Showing posts from July, 2023

Uniform Civil Code (UCC): The Devil is in the details (most importantly, Timing!!!)-Part 1

1. The Constituent Assembly of India, comprising of people of great eminence drawn from all walks of life, and representing linguistic and religious minorities thought it fit to include Article 44 in the Constitution of India as one of the Directive Principles of the State Policy. Everyone in India nowadays knows that DPSPs, unlike fundamental rights are not enforceable in a court of law. The makers of the Constitution felt that the objectives of Art. 44 (though not possible under the then prevailing highly polarised and charged situation) should at some point of time work to accomplish these objectives. Under the constitutional law, the DPSPs are not legally enforceable. Yet, when it comes to pronouncing on the Constitutionality of the Legislations passed by the Indian Parliament and various State Legislatures, Constitutional courts in India will pronounce on the challenges to Constitutional validity in the light of desirable guidelines provided in part IV of the Indian Constitution.