Maarg Manthan · Topic 7.5

Uniform Civil Code (Article 44)

Indian Polity › Directive Principles of State Policy (DPSP) · Topic 7.5

Article 44 directs the State to endeavour to secure a uniform civil code for all citizens. It is a non-justiciable Directive Principle, debated in the Constituent Assembly on 23 November 1948 and discussed in the Shah Bano case of 1985.

5 min read · UPSC Prelims · Polity · Directive Principles

At a Glance

What it is The directive that the State shall endeavour to secure a uniform civil code for citizens throughout India
Article Article 44, in Part IV
Nature Directive Principle; not enforceable by courts
Key case Mohd. Ahmed Khan v. Shah Bano (1985)
Exam link UPSC Prelims, Polity: Directive Principles

Where Does It Fit?

This is the fifth topic of the category on Directive Principles. Article 44 is among the most debated directives. It asks for a common civil code in place of different personal laws, and it has appeared in the Supreme Court in connection with maintenance for divorced women.

What Does Article 44 Say?

Article 44 provides that “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. It is a liberal-intellectual principle. Like all Directive Principles it is non-justiciable, so the courts cannot compel the State to enact a code, but under Article 37 it is fundamental in the governance of the country.

How Was It Debated in the Constituent Assembly?

The provision was draft Article 35. The Constituent Assembly debated it on 23 November 1948 and adopted it that day without amendment. Most of the opposition came from Muslim members, who proposed amendments to exclude personal laws, or to make the provision operative only with the prior consent of the community. They argued it infringed religious freedom and would cause disharmony within the community.

A Drafting Committee member defended it as necessary for national unity and secularism, said that Hindus would also be affected, and that women’s rights could not be secured without it. It was also stated in the debate that, as a Directive Principle, it was not to be enforced immediately.

The Shah Bano Case (1985)

In Mohd. Ahmed Khan v. Shah Bano (1985) the Supreme Court upheld the judgment of the High Court of Madhya Pradesh. It ruled that a Muslim husband is liable to pay maintenance to the divorced wife beyond the period of iddat. It held that Section 125 of the Code of Criminal Procedure, 1973 is secular in character and applies to all religions and communities, and that the section would prevail over personal law in case of conflict. It also said that mahr does not absolve the husband from paying maintenance. The Court emphasised that a uniform civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.

The judgment led to the Muslim Women (Protection of Rights on Divorce) Act, 1986, which overturned it by allowing maintenance to a divorced wife only during the iddat period. In the Danial Latifi case (2001) the Court upheld the validity of the 1986 Act but held that a Muslim husband is liable to pay maintenance to the divorced wife even after the iddat period.

Where Does Article 44 Fit?

The Article stands with the other liberal-intellectual directives (Articles 44 to 51). Because it is non-justiciable, Article 44 is a direction to the State to legislate and not a right that a court can enforce. In Shah Bano the Court referred to the directive while deciding a specific dispute on maintenance.

Why Is This Topic Important?

Debated directive Article 44 features in Prelims and Mains regularly
Case link Shah Bano and the 1986 Act are linked questions
Constituent Assembly debate The 23 November 1948 discussion is a standard point

What Came Next?

The next topic covers the directive on free and compulsory education for children under Article 45.

Key People and Terms

Uniform civil code A common civil law for all citizens in place of personal laws
Personal law Law governing marriage, divorce and similar matters by community
Iddat The waiting period after divorce or the husband’s death
Mahr Dower paid to a Muslim wife
Section 125 CrPC The maintenance provision held secular in Shah Bano

Exam Corner

Points to Remember

Article 44: uniform civil code; draft Article 35; debated 23 November 1948.
Shah Bano 1985; Muslim Women Act 1986; Danial Latifi 2001.
Section 125 CrPC is secular and applies to all religions.
Article 44 is a Directive Principle, not enforceable.

Do Not Confuse With

Article 44 and Article 25 One asks for a common code; the other protects religious freedom
Shah Bano and Danial Latifi Shah Bano gave maintenance beyond iddat; the 1986 Act limited it; Danial Latifi restored it while upholding the Act
Directive and enforceable right A uniform civil code is a direction to the State

Memory Hook

Forty-four asks, Shah Bano argued, the 1986 Act answered, Danial Latifi balanced.

Mains Angle

Questions on this topic usually ask about the arguments for and against a uniform civil code. Use these points to add depth.

Constituent Assembly Objections on religious freedom and defence on national unity and women’s rights
Judicial reference The Court in Shah Bano linked the code to national integration
Legislative response The 1986 Act and Danial Latifi
Directive status The provision cannot be enforced by courts

A Question You May Face

An original practice question, not a past paper question.

“Discuss the debate on the Uniform Civil Code from the Constituent Assembly to the Shah Bano case.”

How to Answer

Introduction Article 44 and its place in Part IV.
Assembly debate Objections and defence.
Shah Bano The case and the 1986 Act.
Conclusion A code remains a directive.

GS Relevance

Prelims: Indian Polity, Directive Principles. GS Paper 2: Secularism, personal laws and gender justice.

Frequently Asked Questions

What is Article 44 of the Constitution?

Article 44 is a Directive Principle that says the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. It is non-justiciable, so the courts cannot compel its enactment, though under Article 37 it remains fundamental in governance.

When did the Constituent Assembly debate the uniform civil code?

The Constituent Assembly debated draft Article 35, which became Article 44, on 23 November 1948 and adopted it the same day without amendments, despite objections from some members who argued that it infringed religious freedom and would harm community harmony.

What did the Shah Bano case decide?

In 1985 the Supreme Court ruled that a Muslim husband must pay maintenance to a divorced wife beyond the iddat period, held that Section 125 of the CrPC is secular and prevails over personal law, and said a uniform civil code helps national integration.

What was the effect of the Shah Bano judgment?

It led to the Muslim Women (Protection of Rights on Divorce) Act, 1986, which allowed maintenance only during the iddat period. In Danial Latifi (2001) the Court upheld the Act but held the husband liable beyond iddat as well.

Is a uniform civil code enforceable by courts?

No. Article 44 is a Directive Principle and therefore non-justiciable. It directs the State to endeavour to secure a code, but courts cannot order Parliament to enact one, as with every other Directive Principle, and the pace of any code depends on the legislature.

PYQ Practice — Statement Analysis

1 Article 44 provides for a uniform civil code.

True

It is a Directive Principle.

2 In Shah Bano the Court held Section 125 CrPC applies only to Hindus.

False

It held it secular and applicable to all religions.

3 The Muslim Women (Protection of Rights on Divorce) Act was passed in 1986.