Is India Ready For Uniform Civil Code? | Legally Speaking

Justice Rajesh Tandon, a former judge of the Uttarakhand High Court and ex-member of the Human Rights Commission, delivered a thought-provoking address at the Legally Speaking: 3rd Law and Constitutional Dialogue event. Interviewed by NewsX Executive Editor Devika Chopra, Justice Tandon discussed pressing legal and constitutional matters, including the Uniform Civil Code (UCC), the state of the Indian Constitution after 75 years, and the challenges posed by the backlog of judicial cases.

UCC: Necessity for Equality

Justice Tandon strongly advocated for implementing the UCC as outlined in Article 44 of the Indian Constitution. He highlighted the Supreme Court’s endorsement of this reform, which aims to establish a single legal framework for all citizens, irrespective of caste or religion.

“Article 44 has to be implemented. It’s very good for the citizens; there should be one law for all,”Justice Tandon stated, referencing the Mudgal judgment that supports the UCC. He expressed frustration over the delay in its enactment: “It’s been way too late that we have not implemented it.”

When asked about the challenges hindering the UCC, Justice Tandon urged legislators and parliamentarians to address societal apprehensions. While acknowledging criticisms labeling the UCC as anti-Muslim, he refrained from commenting, citing the complexity of societal sentiments.

Reflections on 75 Years of the Indian Constitution

Justice Tandon commended the Indian Constitution as a living document and underscored the enduring relevance of its Preamble, particularly its emphasis on dignity. “The dignity of individuals has been upheld, as enshrined in Article 21 of the Constitution and Section D of the Human Rights Protection Act,” he noted.

However, he stressed that constitutional ideals remain incomplete without ensuring access to basic amenities like food, shelter, and clothing. Drawing parallels with the Universal Declaration of Human Rights, Justice Tandon emphasized, “These basic needs protect the dignity of our lives and should be prioritized.”

Addressing Judicial Backlogs

Justice Tandon highlighted the severe burden on India’s judiciary due to the backlog of cases. He suggested utilizing retired High Court and Supreme Court judges to expedite case resolutions, citing Uttarakhand’s example, where retired judges reportedly help courts resolve 30-40 cases daily.

Despite these efforts, he emphasized the need for broader, systemic measures to tackle judicial delays nationwide.

Advocating for Human Rights and Social Welfare

As a former member of the Human Rights Commission in Uttarakhand, Justice Tandon recounted handling cases related to basic needs like shelter. He stressed the importance of systemic reforms to ensure fundamental rights and alleviate poverty.

“The dignity of the citizens is one thing which isn’t absolutely followed,” Justice Tandon remarked, urging greater focus on social welfare to bridge the gap between constitutional ideals and societal realities.

Human Rights and Social Welfare

Justice Rajesh Tandon’s address at the Legally Speaking event provided a critical examination of India’s progress in realizing constitutional principles. By advocating for the UCC, addressing judicial delays, and prioritizing basic human rights, he underscored the need for an inclusive and equitable society. His insights serve as a clarion call for lawmakers, administrators, and society to uphold justice and dignity as enshrined in the Constitution.