Paper short abstract:

The paper examines the production of the Muslim minority and its safeguards in the Indian Constitution. It focuses particularly on the Directive Principles of State Policy, a feature that is present in very few constitutions.

Paper long abstract:

The Directive Principles of State Policy in the Indian Constitution was labelled a "veritable dustbin of sentiment" by a member of the Constituent Assembly, the body that framed India's Constitution between 1946 and 1949. Among the articles that make up the non-justiciable directive principles, at least one - Article 44 which calls upon the Indian state to endeavour to secure a uniform civil code for its citizens - has had an enormous impact on the rights of the 150 million-plus Muslim minority in India. This paper examines the link between the directive principles and rights of Indian Muslims by analysing four connected issues. First, it tries to understand the rationale behind the directive principles by examining the debates in the Constituent Assembly. Second, it specifically examines the discussion on Article 44 in the Constituent Assembly. Third, it analyses the Indian Supreme Court's interpretation of the directive principles, including Article 44, which have had the effect of bringing the directive principles closer to fundamental rights. Finally, it places the debate on the uniform civil code in the context of the intense politics over the issue.