AATMABHAN Multidisciplinary Research Journal

Uniform Civil Code(UCC Article 44).The code which has potential to stir the whole
country. The code surges the emotions not only in the minority community(Muslims,Tribals)
but also in the majority faction(Hindus). The process for the execution of code makes the
legislators and judiciary take a deep dive into questions like, what should be the extent to
which the state should interfere in personal matters. Civil matters such as marriage, divorce,
inheritance, and maintenance are the main debatable subjects in this civil code as the laws
regarding these subjects are different for different communities in India. The Muslim side
opposes this code because they believe that, UCC will hamper their personal laws, and to
oppose it, they wield the power of Articles 25 and 26 of the constitution. The party that
wants UCC to be implemented in the country uses Articles 14, 15, 21 and 25 of the constitution.
It is quite contradictory but it seems that the interpretation of Articles 25 and 26 is very
important for the judiciary to pave the way for the legislators to enact the law. Enacting this
code will bring uniformity in this country, but at the same time government and judiciary
have to watch that pluralism and secularism should not be violated, as secularism and diversity
of this country mark the basic structure of this constitution. The main question arises,”How
will you execute the Uniform Civil Code and which paths you will follow to smoothen its
procedure?” The paper is all about the probable procedures and technicalities that the judiciary
and legislators have to follow while enacting this uniform code.