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appears in that part of the Constitution which deals with<br />
the fundamental rights of citizens, whereas Article 44<br />
appears under directive principles. And, according to<br />
Clause 37 of the Constitution itself, the clauses under<br />
directive principles are dependent upon the clause on<br />
fundamental rights.<br />
In such circumstances, referring to Article 44 to support<br />
a demand that the government legislate on the<br />
enforcement of a uniform civil code is against the spirit<br />
of the Constitution itself. As long as any group in the<br />
country exists which holds such enactment an<br />
unjustifiable interference in its religion, it is not<br />
constitutionally possible to make such a law. If any<br />
parliament were to enact such a law and any religious<br />
group of the country appealed against it in the Supreme<br />
Court, the court, as guardian of the Constitution, would<br />
certainly have to nullify it.<br />
The article in the Constitution concerning religious<br />
freedom is no simple matter, having been drawn up in<br />
compliance with the universal Declaration of Human<br />
Rights issued in 1948 by the United Nations, of which<br />
India too is a member. Article 14 of this declaration<br />
guarantees that every person will enjoy religious<br />
freedom, including the freedom to change his religion<br />
and follow the religion of his choice. India in signing this<br />
declaration, has, as a nation, set its seal of approval on it.<br />
Religious liberty, therefore, becomes the right of every<br />
Indian citizen, a right which in no circumstances can be<br />
abrogated or taken away.<br />
UNIFORM CIVIL CODE—A CRITICAL STUDY 15
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