Journey of Indian society towards uniform civil code

This paper investigates the evolution of the Indian legal system, focusing on the transition of its diverse religious and caste-based communities from customary law to a modern legal framework. Central to this analysis is the long-standing debate over a Uniform Civil Code (UCC), examining its historical antecedents and contemporary relevance in 2024. The study traces the concept's journey from ancient and medieval periods through British India and post-independence reforms, including the Hindu Code Bill, highlighting the intricate connection between law and religion. A key focus is the constitutional dimension, particularly the directive of Article 44 and its interplay with fundamental rights under Articles 13, 14, 21, 25, and 26. The paper evaluates the progress toward codification, the challenges encountered, and the current arguments for a UCC. It further explores the primary obstacles to implementation today, such as reconciling legal uniformity with India's profound diversity. Ultimately, this research aims to propose balanced solutions that could enable the enactment of a UCC in a manner that strengthens national unity while respecting the country's pluralistic ethos and the religious sentiments of its citizens.

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Publication Details

Journal
Social Sciences & Humanities Open
Published
2026-01-16
DOI
https://doi.org/10.1016/j.ssaho.2026.102459
Primary Topic
Evolving Legal Systems and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

Journey of Indian society towards uniform civil code

Rakesh Kumar, Rajnish
Social Sciences & Humanities Open
Evolving Legal Systems and Governance
article

Journey of Indian society towards uniform civil code

Rakesh Kumar, Rajnish
article en

Abstract

This paper investigates the evolution of the Indian legal system, focusing on the transition of its diverse religious and caste-based communities from customary law to a modern legal framework. Central to this analysis is the long-standing debate over a Uniform Civil Code (UCC), examining its historical antecedents and contemporary relevance in 2024. The study traces the concept's journey from ancient and medieval periods through British India and post-independence reforms, including the Hindu Code Bill, highlighting the intricate connection between law and religion. A key focus is the constitutional dimension, particularly the directive of Article 44 and its interplay with fundamental rights under Articles 13, 14, 21, 25, and 26. The paper evaluates the progress toward codification, the challenges encountered, and the current arguments for a UCC. It further explores the primary obstacles to implementation today, such as reconciling legal uniformity with India's profound diversity. Ultimately, this research aims to propose balanced solutions that could enable the enactment of a UCC in a manner that strengthens national unity while respecting the country's pluralistic ethos and the religious sentiments of its citizens.

Social Sciences & Humanities OpenVol. 13
Himalayan University (IN)
Peace, Justice and strong institutions
Openalex Percentile: Top 88%
Evolving Legal Systems and Governance
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