Assam's Himanta Sarma govt to present Uniform Civil Code Bill in Assembly on 26 May—who are exempted from UCC?

The Assam Cabinet approved the draft Uniform Civil Code (UCC) Bill, clearing it for introduction in the state legislature on May 26, 2026. The Bill proposes ...

What Happened

The Assam Cabinet approved the draft Uniform Civil Code (UCC) Bill, clearing it for introduction in the state legislature on May 26, 2026.
The Bill proposes a common civil law covering marriage, divorce, live-in relationships, compulsory registration of marriages and divorces, and succession.
Tribal communities in Assam are completely exempted from the purview of the Bill; all rituals, traditions, and customs of the tribal population remain outside its scope.
If enacted, Assam will join Uttarakhand (which enforced UCC in January 2025) and Gujarat (which passed its UCC Bill in 2026) as states with their own uniform civil codes.
Goa continues to be governed by the Goa Civil Code (based on the Portuguese Civil Code of 1867), long regarded as a de facto UCC applicable to all communities.

Static Topic Bridges

Article 44 — Directive Principle on Uniform Civil Code

Article 44 of the Indian Constitution, under Part IV (Directive Principles of State Policy), directs: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." Being a DPSP, it is non-justiciable — courts cannot enforce it directly. However, Article 37 declares DPSPs "fundamental in the governance of the country" and obliges the State to apply them in making laws.

Article 44 falls under Part IV (DPSPs), which is inspired by the Irish Constitution.
DPSPs are distinguished from Fundamental Rights (Part III): they impose obligations on the State but cannot be enforced by courts.
The Supreme Court in Mohd. Ahmed Khan v. Shah Bano Begum (1985) lamented that Article 44 had "remained a dead letter" and called for its implementation.
In Sarla Mudgal v. Union of India (1995), the Court again urged Parliament to enact a UCC, observing that the absence of a common code encouraged misuse of personal law.

Connection to this news: The Assam UCC Bill is a direct legislative attempt to operationalise Article 44 at the state level, using the constitutional directive as its mandate.

Legislative Competence of States to Enact UCC

Personal law subjects — marriage, divorce, adoption, inheritance, and succession — fall under Entry 5 of the Concurrent List (Seventh Schedule). Both Parliament and state legislatures have the competence to legislate on these subjects. Where Parliament has not occupied the field comprehensively, a state legislature may legislate, subject to the proviso under Article 254 (repugnancy with central law). This is the constitutional basis on which Uttarakhand, Gujarat, and now Assam have moved to enact state-level UCCs.

Entry 5, Concurrent List: "Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law."
Article 254: If a state law is repugnant to a parliamentary law on a Concurrent List subject, the parliamentary law prevails unless presidential assent is obtained for the state law.
Current personal laws (Hindu Marriage Act 1955, Muslim Personal Law (Shariat) Application Act 1937, Indian Christian Marriage Act 1872, etc.) are central legislation — any state UCC would need to navigate Article 254 carefully.

Connection to this news: The Assam Bill's constitutional validity rests on Entry 5, Concurrent List. Its tribal exemptions also reflect the constitutional protection for tribal customs under Articles 244, 371, and the Fifth and Sixth Schedules.

Tribal Exemptions and Constitutional Safeguards

The decision to exempt tribal communities reflects constitutional provisions protecting tribal customs and traditions. The Fifth Schedule (Article 244) governs Scheduled Areas and provides for Tribes Advisory Councils. The Sixth Schedule governs tribal areas in the North-East (including parts of Assam), providing for Autonomous District Councils with powers over customary law and social practices. Personal laws and customs of scheduled tribes are additionally protected by various central enactments.

Sixth Schedule of the Constitution: Applies to tribal areas in Assam, Meghalaya, Tripura, and Mizoram; provides Autonomous District Councils with legislative powers over land management, forests, use of waterways, regulation of money-lending, and social customs.
Article 371B: Special provision for Assam — the President may provide for a committee of Assam Legislative Assembly members elected from tribal areas.
The Hindu Succession Act, 1956 already exempts members of Scheduled Tribes from its purview (Section 2(2)).

Connection to this news: The Assam Cabinet's decision to exempt tribal communities is grounded in these constitutional safeguards, recognising that imposing a uniform code on tribal communities could conflict with Sixth Schedule protections and customary rights.

Goa Civil Code — India's Existing UCC Precedent

Goa is the only state in India that has had a functioning uniform civil code since its annexation in 1961. The Goa Civil Code is based on the Portuguese Civil Code of 1867 and applies uniformly to all communities — Hindus, Muslims, and Christians — in matters of marriage, divorce, and succession. The Supreme Court in Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019) affirmed Goa as "a shining example of an Indian State which has a uniform civil code applicable to all, regardless of religion."

Goa Civil Code covers community property, inheritance rights between spouses, and compulsory registration of marriages.
Notable exception: Goan Hindu men may have a second wife if the first wife does not bear a child by age 25 or a male child by age 30 — a provision frequently cited as an imperfection in Goa's "uniform" code.
The 21st Law Commission (2018) noted Goa as a limited model while concluding that a national UCC was "neither necessary nor desirable" at that stage; the 22nd Law Commission (2023) re-opened the question for public consultation.

Connection to this news: Goa's experience provides the only live precedent for a state-level UCC in India, both as a model and as a caution against treating uniformity as absolute.

Key Facts & Data

Assam UCC Bill to be introduced in the state assembly on May 26, 2026.
Tribal communities are fully exempted from the Bill's provisions.
Uttarakhand: first state to enforce UCC (January 2025). Gujarat: passed UCC Bill in 2026.
Goa: governed by the Goa Civil Code since 1961 (Portuguese Civil Code of 1867).
Article 44 (DPSP): "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."
Entry 5, Concurrent List: the legislative entry under which state UCCs are enacted.
21st Law Commission (2018): UCC "neither necessary nor desirable" at present stage.
22nd Law Commission (2023): Sought fresh public consultation on UCC.
Shah Bano (1985) and Sarla Mudgal (1995): Landmark SC cases urging UCC enactment.
Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019): SC described Goa as a "shining example" of UCC.