UPSC Mains 2015 · GS II · Q1 · 12.5 marks · 200 words

Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy.

हिन्दी में

चर्चा कीजिए कि वे कौन-से संभावित कारक हैं जो भारत को राज्य की नीति के निदेशक तत्त्व में प्रदत्त के अनुसार अपने नागरिकों के लिए समान सिविल संहिता को अभिनियमित करने से रोकते हैं।

How a topper answered the closest question

Toppers wrote this one in a test series: “Despite being part of the Directive Principles, the Uniform Civil Code remains unrealised at the national level. Examine the factors behind the delay and suggest potential measure for its national implementation.”

Sandeep BadadAIR 82 · CSE 2025 · 236 wordsTheir whole copy

Opening · a constitutional or legal provision

[Art-44] of directive principle provides for instituting a uniform civil code (UCC) for the citizens.

UCC refer to common law for all w.r.to marriage, divorce, inheritance and adoption irrespective of cultural background, ethnicity, language, religion etc.

Simply, [one nation → one law].

Body · points

Factors behind delay:

  1. Social factors → diverse nature of Indian society with plural ethos i) Multiple religion have different law → Sharia for muslim personal law ii) Cultural autonomy → resistance against homogenisation

iii) Tribals have own customary laws rooted in tradition.

(2) Institutional and legal challenges (i) Constitution provides for secularism. Art 25-28 and Art 29-30 inherently provides for autonomy. (ii) Schedule 6th areas have → already recognised traditional customary laws. (iii) Existence of personal laws for various communities → that are legally sanctioned.

(3) Political challenges (i) Poor will to implement (ii) Ducking over political compulsions

Measures to implement (1) Kodification of all customary laws, testing them against constitutional morality to arrive at acceptable values (Law commission)

(2) Participatory and consultative approach. → Build consensus by involving all stakeholders through debate & deliberation.

(3) Make constitutionalism a jan andolan over customary morality.

(4) Balancing preservation of culture with rule of law, equity & inclusivity.

(5) Widespread awareness campaigns to clear misconceptions surrounding UCC.

(6) Piloting → Case-by-case basis rather than implementation at one stroke.

Close · a summary

Eg Goa - a shining example of UCC

Unity and integrity w.r.t [legal domain] must accommodate diversity.

1 more topper’s answer to this question, part by part, and how they all approached it: open the question.

Toppers’ answers to other close questions

Source: UPSC, Civil Services (Main) Examination 2015, General Studies Paper II, Q1. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.