Better to await UCC than strike down Shariat Act inheritance provisions, says SC
GS2Polity · Governance · IR· Constitution, amendments & basic structure· Mains·
Why in news
The Supreme Court expressed a preference for deferring to Parliament's wisdom on the Uniform Civil Code (UCC) rather than striking down the Shariat Application Act, 1937
Background
The Supreme Court considered the Shariat Application Act, 1937, in the context of Muslim women's inheritance rights. Advocate Prashant Bhushan argued that the Act's provisions are discriminatory and violate constitutional rights.
Facts for Prelims
- Act / BillShariat Application Act, 1937: An Act providing for the application of Muslim Personal Law to matters of inheritance and marriage.
- FactThe Indian Succession Act: A central piece of legislation governing inheritance, which the court questioned the applicability of in this context.
For Mains
Q. Discuss the constitutional challenges and social implications of implementing a Uniform Civil Code in a pluralistic society like India.
Dimensions to cover in your answer
- Constitutional friction: Balancing Article 14 (Equality) and Article 15 (Non-discrimination) against religious personal laws.
- Legislative autonomy: The role of Parliamentary wisdom in balancing minority rights with the goal of a unified civil code.
- Gender justice: Addressing systemic inequalities in inheritance laws for women under personal law regimes.
Keywords: Uniform Civil Code · Personal Law · Gender Justice · Article 44 · Legislative Wisdom · Pluralism
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This note is generated automatically from SatyaDheesh's news feed and mapped to the UPSC CSE syllabus. Check facts against the original report or PIB before using them in an answer.