Q1. Under the Constitution of India, which Directive Principle of State Policy (DPSP) serves as the foundational basis for the advocacy of a Uniform Civil Code?
- (a) Article 40
- (b) Article 44
- (c) Article 51
- (d) Article 25
Answer & solution
Answer: (b) Article 44
Article 44 says the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
That means one law on marriage, divorce, inheritance and adoption for everyone, whatever their religion.
It sits in Part IV as a Directive Principle, so it guides the State but cannot be enforced by a court.
Revision note — Directive Principles and Article 44
• DPSPs are Part IV, Articles 36 to 51, borrowed from the Constitution of Ireland (1937); Article 37 makes them non-justiciable but fundamental in the governance of the country.
• Article 40 — organisation of village panchayats; Article 44 — uniform civil code; Article 51 — promotion of international peace and security.
• Article 25 is not a DPSP at all — it is the Fundamental Right to freedom of conscience and religion in Part III.
• Other DPSPs asked often: 39A free legal aid; 45 early childhood care (86th Amendment, 2002); 48A environment (42nd Amendment, 1976); 50 separation of judiciary from executive.
• Goa has had a common civil code since the Portuguese Civil Code of 1867; Uttarakhand became the first state after independence to enact a UCC, in force from 27 January 2025.
• The Supreme Court urged a UCC in the Shah Bano case (1985) and again in Sarla Mudgal (1995).
Do not mix these up
• Article 44 vs Article 25 — 44 asks the State to unify personal laws; 25 guarantees the freedom to practise religion. One is a directive, the other an enforceable right.
• Article 40 vs Article 243 — 40 is the directive to organise panchayats; Part IX (Article 243 onwards), added by the 73rd Amendment, 1992, gives them constitutional status.
Also asked from this topic: the Article that provides for a Uniform Civil Code (Article 44); the part of the Constitution the UCC belongs to (Directive Principles); the source of the DPSPs (Ireland).