Legal Challenges And Jurisprudential Debates Surrounding The Uniform Civil Code In India: Evaluating Uttarakhand’s Implementation Model

Abstract

The Uniform Civil Code (UCC) remains one of the most contentious and constitutionally complex legal reforms in India. While Article 44 of the Constitution mandates the state to endeavour towards a UCC for all citizens, the practical realization of this vision has been met with deep-rooted legal, religious, and sociopolitical challenges. This paper critically examines the jurisprudential debates surrounding the UCC, with particular focus on the friction between religious freedom under Articles 25–28 and the principles of equality and non-discrimination enshrined in Articles 14 and 15. Through the lens of landmark Supreme Court judgments, constitutional interpretations, and Law Commission reports, the study outlines the primary legal challenges obstructing national-level implementation. The paper further evaluates the 2024 legislative action by the state of Uttarakhand, which has become a testing ground for sub-national UCC enactment. It analyses the drafting process, structural features, and constitutional positioning of the state’s UCC, assessing both legal validity and practical enforceability. Relying on doctrinal analysis, legal interviews, and statutory interpretation, the research highlights the emerging role of Indian federalism in family law reform and the potential trajectory for future constitutional amendments or judicial directions. The study concludes with a set of legal reform strategies aimed at reconciling competing constitutional values through harmonized jurisprudence and inclusive legal drafting.