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5 J. Indian L. & Soc'y V (2014)
On Uniform Civil Code, Legal Pluralism and the Constitution of India

handle is hein.journals/jindlas5 and id is 155 raw text is: 









                     JOURNAL OF

    INDIAN LAW AND SOCIETY

Volume V                                                     Monsoon



              SPECIAL EDITORIAL NOTE


   ON UNIFORM CIVIL CODE, LEGAL PLURALISM

           AND THE CONSTITUTION OF INDIAt

                                                    -M.P. SINGH*




                       I. UNIFORM CIVIL CODE

     Article 44 of the Constitution, which is central to the discussion, reads:

     Uniform civil code for the citizens-The State shall endeavour to
secure for the citizens a uniform civil code throughout the territory of India.

     It is one of the Directive Principles of State Policy (DPs) which are not
enforceable in any court, but the principles therein laid down are nevertheless
fundamental in the governance of the country and it shall be the duty of the
State to apply these principles in making laws.' I have consistently argued that
though DPs are not justiciable they are as much part of the Constitution as
the Fundamental Rights (FRs) and, therefore, they deserve as much attention
and importance as the FRs do.2 The Court has also held that not only the FRs

t This paper was earlier presented at conference organized by Majlis, entitled Negotiating
   Spaces: Uniform Civil Code... Inclusions and Exclusions on 8-9 November, 2014 at
   Mumbai.
   Chair Professor, Centre for Comparative Law, NLU, Delhi. Former Vice Chancellor, NUJS,
   Kolkata and Professor of Law, University of Delhi.
   CONSTITUTION OF INDIA, art. 37.
2 See, among others, M.P. Singh, 7he Statics and the Dynamics of the Fundamental Rights and
   the Directive Principles - A Human Rights Perspective, 5 SUPREME COURT CASES (JOURNAL) I
   (2003).

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