1948 DEBATE ON UNIFORM CIVIL CODE - WHAT AMBEDKAR, KM MUNSHI SAID

Last Updated on 18th December, 2024
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Context:

The Prime Minister referred to the 1948 Uniform Civil Code (UCC) debate, in which Ambedkar supported equality reforms and Munshi linked them to national unity.

The Prime Minister’s speech on the Uniform Civil Code (UCC)

He highlighted the importance of a national Uniform Civil Code (UCC). He quoted Dr. B.R. Ambedkar and KM Munshi, mentioning their support for a UCC. 

He mentioned that the Constituent Assembly debated UCC thoroughly and decided that its implements would benefit the future government. 

He noted that Ambedkar was a strong supporter of eliminating religion-based personal laws, whereas Munshi saw the UCC as critical to national unity and modernisation.

What were the key points raised by KM Munshi during the Constituent Assembly's debate on the UCC?

During the Constituent Assembly debate, KM Munshi was a strong supporter of the UCC. He dismissed criticisms that a UCC would be "oppressive" to minorities, arguing that no advanced Muslim country recognised personal law to be sacred enough to prevent the implementation of a civil code.

He criticised the discriminatory aspects of Hindu law, especially those affecting women, and argued that the UCC would help to improve women's social status. 

He emphasised the importance of the UCC in promoting national unity, urging people to abandon an isolationist view of religion in favour of a unified national outlook.

Dr. B.R. Ambedkar on the UCC debate 

He highlighted the state's right to legislate personal laws. He rejected the claim that Muslim personal law was unchangeable, he argued that religion should not have authority over all aspects of life, particularly social reforms. 

He argued that the state's legislative power should extend to personal laws to address social inequalities, and also ensure that the state's actions are consistent with the sentiments of various communities.

What was the outcome of the debate on the UCC in the Constituent Assembly?

The Constituent Assembly voted on Article 35, which included a provision for a uniform civil code. The article was adopted and later renumbered as Article 44 of the Indian Constitution. 

While Article 44 states that the state "shall endeavour" to implement a UCC, the wording is less direct than other directive principles, which reflects the Constituent Assembly's intent to make gradual progress towards a unified civil code while respecting the sentiments of diverse communities.

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Source: 

Indian Express

PRACTICE QUESTION

Q.In the context of the religious and cultural diversity of the nation. Discuss the possible advantages and difficulties of enforcing a Uniform Civil Code (UCC) in India. (250 words)

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