Uniform Civil Code—A perspective—Part One
By Shafeeq R. Mahajir| Published: 5th February 2021 7:55 pm IST
Photo courtesy: Google creative common license
Shafeeq R. Mahajir
Art. 44 of the Constitution came up for comment decades ago and in
Ms. Jordan Diengdeh vs S. S. Chopra AIR 1985 SC 935 the court (two judges) suggested for a complete reform of law of marriage (in that case involving a Christian and a Sikh) quoting with approval from
Mohammed Ahmed Khan vs Shah Bano (AIR 1985 SC 945), where the necessity of uniform civil code in the country was suggested by the Court (five judges comprising the bench) which quoted Art. 44 of the Constitution and said there was “no evidence of any official activity for framing a common civil code for the country”. Restricting the scope of that the Court proceeded to refer to the belief that it was for the Muslim community to take the lead in the matter of reform of their personal law.