Senior Advocate of India's Supreme Court, Aryama Sundaram, told India First that a Uniform Civil Code (UCC) is essential for the nation. He outlined the legislative‑judicial divide and warned that personal laws breach constitutional equality.
- The Uniform Civil Code must be constitutionally mandatory.
- Law‑making is the prerogative of Parliament and state assemblies; courts only test constitutional validity.
- Personal laws that treat citizens unequally violate basic morality, public interest, and equality.
Aryama Sundaram’s Stance on UCC
In an interview with India First, senior Supreme Court advocate Aryama Sundaram asserted, “Uniform civil code is a must for all.” He emphasized that matters such as marriage, divorce and inheritance should be governed uniformly by the state, ensuring equal rights for every citizen.
Civil Code vs. Religious Practice
Sundaram distinguished civil statutes from ecclesiastical customs. While religious rites stem from personal belief, a civil code is a state‑enforced framework that must apply to everyone, irrespective of faith.
Legislative vs. Judicial Authority
He explained that drafting laws is the exclusive domain of Parliament and state legislatures, whereas the Supreme Court’s role is limited to examining a law’s constitutional validity when challenged. This separation safeguards democratic governance.
Historical Example: Hindu Succession Act
Sundaram cited the staggered amendments to the Hindu Succession Act across Indian states as evidence that a uniform civil regime can be rolled out progressively, reinforcing the feasibility of a nationwide UCC.
Directive Principles and Moral Imperatives
He noted that Directive Principles guide national progress and that personal laws that discriminate run counter to basic morality, public interest, and the constitutional guarantee of equality.
Historical Background
The idea of a Uniform Civil Code has been debated since the 1950s. The Constituent Assembly’s 1955 report, the 1976 political reforms, and the 2019 National Education Policy each touched upon it, yet a comprehensive code remains unrealized.
Why This Matters
BozokMedia analysis shows that a Uniform Civil Code would not only promote social inclusion but also reduce judicial backlog, enhancing India’s economic attractiveness and global image.
"Implementing UCC is the ultimate test of India’s progressive constitutionalism," says constitutional scholar Prof. Ravindra Kumar.
Frequently Asked Questions
What is the biggest obstacle to enacting UCC? Opposition from religious and social groups, coupled with political disagreements, remains the primary hurdle.
Can existing personal laws be instantly abolished? No, they must be repealed or amended by Parliament, followed by judicial review for constitutional compliance.