CJI says uniform civil code is ‘constitutional ambition’, not religion-specific

Chief Justice of India Surya Kant on Thursday said the Uniform Civil Code is a “constitutional ambition” and not tied to any particular religion, while hearing a plea challenging the application of Shariat law in inheritance matters.

A bench comprising the Chief Justice and Justices Joymalya Bagchi and Vipul M Pancholi issued notice on the petition filed by advocate Poulomi Pavani Shukla and NGO Nyaya Naari Foundation.

During the hearing, advocate Prashant Bhushan, appearing for the petitioners, argued that civil laws should be uniform across religions and said opposition to a Uniform Civil Code often stems from concerns that one community’s laws may be imposed on others.

Responding, the Chief Justice said, “UCC is only a constitutional ambition. It has nothing to do with any religion in particular.”

Justice Joymalya Bagchi pointed to existing legal provisions such as the Special Marriage Act and the Juvenile Justice Act as steps toward greater uniformity. He said these laws allow individuals to move beyond personal laws in areas like marriage and adoption.

He, however, raised the question of whether courts should intervene in such matters, noting that freedom of religion is a fundamental right and that changes in personal law have largely been driven by legislation.

Bhushan argued that practices which are inherently discriminatory should not be protected, even if they are religious in nature, unless they qualify as essential religious practices under Article 25 of the Constitution.

He contended that inheritance rules that give women a smaller share than men are discriminatory and cannot be considered essential religious practices.

The court tagged the plea with similar pending petitions as the matter proceeds.