‘ Uniform Civil Code Must Be Implemented Without Delay ‘ Former HC Judge Rajesh Tandon At Legally Speaking

Justice Rajesh Tandon, former judge of the Uttarakhand High Court and a former member of the Human Rights Commission, shared his insights on various legal and constitutional matters during the Legally Speaking: 3rd Law and Constitutional Dialogue event, where the former judge was interviewed by NewsX Executive Editor Devika Chopra. His address spanned critical issues, including the implementation of the Uniform Civil Code (UCC), the state of the Indian Constitution after 75 years, and the challenges of pending judicial cases.

Uniform Civil Code: A Necessity for Equality

Justice Tandon strongly emphasized the urgent need for the implementation of the UCC, aligning with Article 44 of the Indian Constitution. He reiterated that the Supreme Court has already pronounced the legal basis for this reform, which envisions a single law applicable to 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 remarked, referencing the Mudgal judgment that underscores this principle. He expressed frustration over the delay, stating, “It’s been way too late that we have not implemented it.”

When questioned about obstacles to the UCC’s enactment, Justice Tandon pointed towards the responsibilities of legislators and parliamentarians, urging them to address societal apprehensions. On criticisms labeling the UCC as anti-Muslim, he refrained from commenting, acknowledging the complexities of societal sentiments.

The Constitution: A Living Document After 75 Years

Reflecting on 75 years of the Indian Constitution, Justice Tandon affirmed its role as a living document. He highlighted the enduring relevance of the Preamble and its emphasis on dignity. The Dignity of the citizens is one thing which isn’t absolutely followed. “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 could only be fully realized when basic amenities such as food, shelter, and clothing are universally accessible. Drawing a parallel to the Universal Declaration of Human Rights, Justice Tandon remarked, “These basic needs protect the dignity of our lives and should be prioritized.”

Challenges in the Judicial System

Addressing the backlog of cases in courts, Justice Tandon highlighted the significant burden faced by the judiciary. He proposed leveraging the expertise of retired High Court and Supreme Court judges to expedite the disposal of pending cases.

He acknowledged the strides made in Uttarakhand, where courts reportedly resolve 30-40 cases daily with the help of retired High Court judges, but he emphasized that more comprehensive efforts are required nationwide.

Human Rights and Social Welfare

As a former judge of the Human Rights Commission in Uttarakhand, Justice Tandon shared his experience of handling applications highlighting a lack of shelter and other basic needs. He underscored the importance of ensuring fundamental rights, urging systemic reforms to alleviate poverty and provide essential amenities for all citizens.

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

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