Dr. Bimal N Patel, Vice-Chancellor, Rashtriya Raksha University, as the Chief Guest in the closing ceremony of ‘Symposium of Trial Court Advocates on Uniform Civil Code’ organised under the auges of ‘Abhay Bharadwaj Memorial Lecture Series’ in Rajkot on 9 December 2023, delivered the ‘Abhay Bharadwaj Memorial Lecture, 2023’ at the event. The focus of his lecture was Uniform Civil Code. Dr Patel highlighted the importance of several interconnected provisions of the Constitution. He mentioned that UCC means uniform personal law for all citizens. He analysed important questions pertaining to the UCC – merits and demerits of implementation of the UCC as well as problems and challenges, relationship between UCC and secularism and also drew comparisons between concept of secularism as perceived in the West (theoretical secularism) and India’s history and experience of positive secularism. Dr Patel brought out important aspects and circumstances and impact of several landmark cases on the current debate on the UCC, among others, Shirur Mutt (1954), S. R. Bommai (1994), Shah Bano Begum (1985), Shayara Bano (2017), Danial Latifi (2001), Sarla Mudgal (1995), John Vallamattom (2003), Jorden Diengdeh (1985), Ahmedabad Women Action Group petition, among others. He also examined whether UCC will promote the principle of justice as many personal laws are not justified and are affront to the core principle of the Constitution.  UCC aims to provide law to govern the personal matters of all citizens, irrespective of religion, without any discrimination and prejudice and as far as equality is concerned it is held that personal laws are not based on equality, therefore discrimination exists in society. Besides constitutional aspects and Supreme Court interpretation, Dr Patel touched upon the history of the evolution of existence of personal laws in India from Mughal period through 1835 British Government Report, 1941 B. N. Rau Committee report and developments throughout the debates prior to the adoption of the Constitution.

As a member of the 21st Law Commission of India along with Late Shri Abhay Bhardwaj when the UCC was discussed by the Commission, Professor Patel outlined possible approach, methodology and strategy to deal with the enactment of the UCC.

Professor Patel paid tribute to the stellar contribution made by Late Shri Bharadwaj as a Trial Court advocate, as a jurist, and as a Member of the Parliament. He outlined the historical significance of the memorial lecture as it was for the first time that the Law Commission of India had trial court advocate as a member of the Commission and it was for the first time that a memorial lecture is organized for the legacy of a Trial Court Advocate. He called upon the members of the Bar to learn best lessons from the life of Shri Bharadwaj and strengthen the voice and contribution of the Trial Court advocates in the overall justice system of the nation. He thanked Shri Ansh Bharadwaj, the son of Late Shri Abhay Bharadwaj and a practicing Trial Court advocate, and Dr Kamlesh Joshipura, eminent legal personality and former Vice-Chancellor of the Saurashtra University for organizing the Symposium as well as the Memorial Lecture.

YP/JD

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