UPSC Mains 2015 GS Paper 2 Q1: model answer
Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy.
What the question wants
Discuss why India has not yet enacted a Uniform Civil Code as directed by Article 44.
How to structure it
Discuss the possible factors: list and explain obstacles with examples, then a way forward.
- Article 44
- Factors
- Developments since
- Way forward
How to think it through
Goa has had a common civil code since Portuguese times, and Uttarakhand passed one in 2024. So it is possible. The real question is why not nationally. Answer with politics, diversity and trust, not only religion.
Model answer
Article 44 says 'The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.' Seven decades on, only Goa and, since 2024, Uttarakhand have one.
Factors that inhibit a UCC
- Religious and cultural diversity: personal laws on marriage, divorce, inheritance and adoption differ across Hindus, Muslims, Christians, Parsis and tribal communities.
- Fear among minorities that a UCC means imposing majority customs; Article 25 protects religious freedom.
- Tribal customary laws protected by the Fifth and Sixth Schedules and Article 371A for Nagaland.
- Political sensitivity: parties fear vote-bank backlash; it is seen as a communal issue.
- No draft: there has never been an agreed national text to debate, so fears fill the gap.
- Federal question: personal law is in the Concurrent List (Entry 5), so states could also legislate differently.
- Directive Principles are non-justiciable (Article 37), so courts cannot force it.
- Reforms within communities (Hindu Code Bills 1955–56, triple talaq ban 2019) have reduced pressure.
- Law Commission (2018) said a UCC is 'neither necessary nor desirable at this stage', advising reform of personal laws instead.
Courts' nudges
Shah Bano (1985) and Sarla Mudgal (1995) urged a UCC. The 22nd Law Commission reopened consultation in 2023.
Way forward
Build consensus gradually: a gender-just code drafted with communities, starting with common areas like marriage registration, adoption and maintenance.
Draw: Balance: 'equality and gender justice' vs 'diversity and religious freedom'.
Keywords, cases and data to drop in
Article 44, Article 37, Article 25, Goa civil code, Uttarakhand UCC 2024, Shah Bano, Sarla Mudgal, Law Commission 2018.
Where most answers lose marks
- Arguing for or against a UCC; the question asks for factors.
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Question text as printed in the official UPSC Civil Services (Main) question paper. The model answer is original Battle IAS work; use it to learn structure, not to memorise.
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