Question 1 · 10 marks · 198 words written
Opening · a definition
Constitutional morality refers to policy formulation, administrative decision of public actions alligned with constitutional goals of provisions in real sense.
Supreme court in many cases of judgements has reiterated over constitutional morality.
Uniform civil code
Body · points and prose
→ Article 44 (DPSP) → refers to same personal laws for all citizens → Irrespective of religion, race, caste. or sex (non-discriminatory) → Uttarakhand & Goa have already implemented
UCC aligned with vision of constitutional morality
(1) upholds Article 14, 15 & 21 → non discriminatory personal laws over all religions & sex
→ Right to dignity of life for women u/a 21
(2) Implementation of Article 45 → Article 45 explicitly talks about UCC
(3) Fundamental duty to empower women under article 51 A. Eg: Protection from domestic violence in live-in relation
(4) State's responsibility to protect citizens. Eg: Prohibiting social evils like polygamy.
(5) Constitutional right to pre-birth or unmarried offspring It legitimises offspring from unmarried couple & provide equal inheritance rights.
However, UCC must strike a balance between:
- religious freedom
- Individual autonomy
- constitutional morality.
Close · a way forward
UCC is a necessary step in realisation of constitutional morality however community participation & special concerns of minorities must be considered.