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Uniform Civil Code: An Ignored Constitutional Imperative

by M.S. Ratnaparkhi
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Current price ₹322.00
Original price ₹495.00
Original price ₹495.00
Original price ₹495.00
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₹322.00
Current price ₹322.00

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Book cover type: Hardcover
  • ISBN13: 9788126941568
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: Atlantic Publishers & Distributors (P) Ltd
  • Publisher Imprint: Atlantic
  • Publication Date:
  • Pages: 124
  • Original Price: INR 495.0
  • Language: English
  • Edition: N/A
  • Item Weight: 280 grams

Uniform Civil Code: An Ignored Constitutional Imperative provides a descriptive exploration of one of the most contentious issues in Indian constitutional law—the implementation of the Uniform Civil Code (UCC). It traces the historical origins of the UCC and its constitutional mandate to establish a unified legal framework ensuring equality and justice for all citizens, irrespective of religion or community. The book delves into the complex relationship between law and religion, analysing the constitutional duty of the state to protect citizens' rights while preserving India's secular ethos. By examining Hindu and Muslim personal laws, it reveals underlying similarities often overlooked in the debate, despite their seemingly divergent philosophies. The views of Muslim jurists on the applicability of Islamic law in India are also critically discussed, highlighting the tensions between traditional practices and constitutional principles of equality. Beyond legal analysis, the book examines the political and social factors impeding the UCC's implementation, emphasising that it is not merely a legal issue but also one of political will and societal understanding. With thoughtful insights on secularism, legal reforms and social justice, this work advocates for the UCC as a vital instrument for fostering unity, fairness and equality in India's diverse society. It is an essential read for scholars, legal professionals, and anyone interested in the intersection of law, religion and politics in contemporary India.

M.S. Ratnaparkhi, a scholar with an MA and LLB, commenced his legal journey in Amravati, eventually ascending to the judiciary in 1953. His reputation for integrity and expertise led to his promotion as District & Sessions Judge in 1974. He was appointed as the Justice of the Bombay High Court in 1985, culminating in his retirement in 1990. Post-retirement, his pen became a powerful tool as he delved into subjects like Jammu & Kashmir, judicial activism, federalism, and social issues. His influence extended to constitutional debates, notably the People's Representatives Act, where he collaborated with T.N. Seshan, former Chief Election Commissioner. His expertise lies in his role as an arbitrator at Nagpur University and as an examiner for LLM and PhD students. His book testifies to his profound understanding of jurisprudence, social reforms, and national integration, further penned in a book on the Kashmir conflict.

  • Foreword v
  • Preface ix
  • I. Historical Background 1
  • II. Uniform Civil Code — A Constitutional Mandate 5
  • III. Law and Religion 11
  • IV. Constitutional Obligation of the State 17
  • V. Different Views on Uniform Civil Code 23
  • VI. Points Common on Different Systems 33
  • VII. Difference in Philosophy — in Hindu and Muslim System — Apparent not Real 42
  • VIII. Views of Different Muslim Jurists regarding Muslim Law as Applicable in India 48
  • IX. Need to Rise Above Stagnation 54
  • X. Do Glasses Change the Reality? 63
  • XI. One Step Ahead and Two Steps Back 72
  • XII. Maintenance—A Simple Social Concept 78
  • XIII. Civil Code and Secularism 82
  • XIV. Uniform Civil Code and Ministerial Responsibility 89
  • Conclusions 97

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