Desirability of a Uniform Code for the Management of Religious Endowments
By
Kashmir Singh
Article 44 of the Constitution requires the state to "endeavour to secure for the citizens a uniform Civil Code throughout the territory of India". The subject of 'Religious endowments and religious institutions' is included in the concurrent list (Entry 28, List III, Schedule VII, Constitution of India. Also see Entry 10 of this list). Whereunder both the State Legislatures and the Union Parliament can make laws. The State Legislation in the form of Hindu Religious Endowments Acts, Public Trusts Acts, Muslim Wakf Acts and Sikh Gurdwaras Acts is already existing in most of the States of the Indian Union. It is within the powers of the Union Parliament to undertake a legislation which provides for uniform legislation dealing with the religious endowments of all the communities in India superseding all the local enactments dealing with the religious endowments and institutions of different communities. In fact, the Government has been so advised by the Hindu Religious Endowm ....