UCC Is a Constitutional Goal, Not Religious: Supreme Court During Muslim Inheritance Case

The Supreme Court of India on Thursday observed that the idea of a Uniform Civil Code (UCC) is a constitutional objective and not connected to religion, while hearing a petition challenging provisions of Muslim personal law on inheritance.

A bench led by Justice Surya Kant remarked that the UCC is a “constitutional ambition” aimed at ensuring uniformity in civil laws and should not be viewed through a religious lens. The court made the observation during proceedings on a plea that questions the validity of certain inheritance rules under the Muslim Personal Law (Shariat) Application Act, 1937, alleging that they discriminate against women and violate fundamental rights.

The petition, filed under Article 32 of the Constitution, argues that existing provisions governing inheritance in Muslim personal law are inconsistent with principles of equality and non-discrimination. Taking note of the arguments, the Supreme Court issued a notice to the Union government, seeking its response on the matter.

During the hearing, senior advocate Prashant Bhushan, representing the petitioners, supported the idea of a uniform legal framework for civil matters such as inheritance. However, he also highlighted concerns within sections of the Muslim community that the implementation of a UCC could potentially override religious practices.

Addressing these concerns, the bench clarified that a Uniform Civil Code is envisioned as a legal framework to bring consistency across civil laws, rather than to impose any particular religious norms. Another member of the bench, Justice Joymalya Bagchi, pointed out that while the Constitution provides for such a framework, its acceptance depends on societal readiness.