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Volume-I, Issue-II, April-June 2012
Research Scapes (An International Multi Disciplinary Journal)
Uniform Civil Code: A Failed Constitutional Provision or A Deliberate Procrastination Jain M. and Mathur I. CLICK HERE TO ABSTRACT
This article primarily analyzes the on-going debate over the implementation of the Uniform Civil Code in India, in accordance to Article 44 of the Indian Constitution, by weighing the arguments in favour of its implementation and those in opposition of its implementation. The article aims at analyzing the debate keeping in mind the diverse Indian context. Further, this article aims at studying the view of judges regarding the applicability of the Uniform Civil Code via their interpretation as seen in various case laws. Following the debates on implementation and the views of judges, this article also aims at comparing the implementation of a similar uniform code in other countries of the world with the situation in India; and draws inference as to what the relevant factors are which govern the applicability of such a uniform code in any legal system. Lastly but most importantly, this article aims at arriving at a practical solution balancing the positive and negative views regarding the implementation of a uniform civil code for in India by extracting the crux of both sides of the arguments and churning them with the prevailing societal order in India.
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