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⁠Gujarat UCC report, draft law to be submitted today; follows Uttarakhand template


What Happened

  • Gujarat's state government submitted its Uniform Civil Code (UCC) committee report and draft law, modelled closely on the Uttarakhand UCC template — the only state where a UCC is currently fully operational.
  • The five-member committee was chaired by retired Supreme Court Justice Ranjana Desai, the same judge who shepherded Uttarakhand's UCC legislation, with members including retired IAS officer CL Meena, advocate RC Kodekar, educationist Daxesh Thakar, and social worker Gita Shroff.
  • The Gujarat draft focuses on key areas: mandatory registration of marriages across all religions, uniform grounds for divorce, equal inheritance rights for sons and daughters, and legal recognition and compulsory registration of live-in relationships.
  • Gujarat's move follows Uttarakhand becoming the first state to enact a UCC (February 7, 2024), with the Gujarat government indicating it will take a decision after reviewing the committee's report.
  • If enacted, Gujarat would become the second state in independent India to implement a comprehensive UCC, significantly expanding the reach of uniform personal law.

Static Topic Bridges

Article 44 and the Directive Principle on Uniform Civil Code

Article 44 of the Constitution, located in Part IV (Directive Principles of State Policy), states: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." Unlike Fundamental Rights, DPSPs are non-justiciable — Article 37 explicitly states they "shall not be enforceable by any court" — but they are "fundamental in the governance of the country" and it is the duty of the State to apply them in making laws.

  • Article 44 is part of the DPSP chapter (Articles 36–51), modelled on the Irish Constitution's directive principles.
  • The Supreme Court has repeatedly called for implementation of Article 44 — notably in Shah Bano (1985), Sarla Mudgal v. Union of India (1995), and John Vallamattom v. Union of India (2003).
  • Goa is the only Indian state that has had a functioning common civil code since the colonial era, operating under the Portuguese Civil Code of 1867 (Goa Civil Code), which applies uniformly to all communities on matters of marriage, divorce, and succession.
  • The 21st Law Commission (2018 consultation paper) held that a UCC "is neither necessary nor desirable at this stage." The 22nd Law Commission sought fresh public inputs in June 2023, with its recommendations still awaited.

Connection to this news: Gujarat's draft law directly operationalizes Article 44's directive at the state level, following the constitutional opening created by Uttarakhand's 2024 enactment. The fact that the same retired judge chairs both state committees signals a deliberate template-based approach to UCC implementation.


Uttarakhand UCC Act, 2024: The Template Being Followed

The Uniform Civil Code of Uttarakhand Act, 2024, passed by the Uttarakhand Legislative Assembly on February 7, 2024, is the first comprehensive UCC enacted by any Indian state in the post-Constitution era. It establishes a single set of personal laws governing marriage, divorce, inheritance, adoption, and maintenance for all citizens of Uttarakhand regardless of religion, gender, or caste.

  • Marriage: Common minimum age (18 for women, 21 for men), compulsory registration of all marriages, prohibition of polygamy.
  • Divorce: Uniform grounds applicable to all communities (cruelty, adultery, desertion, mental illness); divorce only through court proceedings; child below 5 years stays with mother in disputes.
  • Inheritance: Equal rights for sons and daughters; children born through surrogacy or assisted reproductive technology treated as biological children.
  • Live-in relationships: Legal recognition, compulsory registration within one month, rights for women equivalent to married women, children born from such relationships granted legitimacy.
  • Scheduled Tribes are exempted from UCC provisions, allowing continuation of customary laws.

Connection to this news: Gujarat's committee report is explicitly modelled on this Uttarakhand framework. The key provisions under consideration — marriage registration, equal inheritance, live-in relationship regulation — mirror the Uttarakhand Act, making Gujarat's path to enactment faster and legally better-defined.


Personal Laws and State Legislative Competence

India currently operates a system of religion-based personal laws — the Hindu Marriage Act, 1955; Muslim Personal Law (Shariat) Application Act, 1937; Indian Christian Marriage Act, 1872; Parsi Marriage and Divorce Act, 1936; and the Special Marriage Act, 1954 (for inter-faith marriages). This plurality means different communities are governed by different rules on marriage, divorce, succession, and adoption.

  • Marriage and divorce are on the Concurrent List (Entry 5), giving both Parliament and state legislatures the power to legislate — though Parliament's law prevails in case of conflict.
  • Succession and inheritance are also on the Concurrent List (Entry 20), providing constitutional room for states to enact uniform inheritance rules.
  • The Special Marriage Act, 1954 already provides a secular option for all citizens regardless of religion — UCC proponents argue a comprehensive code should build on this framework.
  • Critics argue that UCC implementation without adequate consultations with minority communities, tribal groups, and women's rights organizations risks imposing a majoritarian personal law framework rather than genuinely empowering all communities.

Connection to this news: Gujarat's draft engages directly with personal law plurality — its provisions on marriage registration, inheritance equality, and live-in relationships all touch areas currently governed by religion-specific laws, raising both legislative competence questions and community consultation imperatives.


Key Facts & Data

  • Article 44 (DPSP): "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."
  • Uttarakhand UCC Act passed: February 7, 2024 — first state UCC in post-Constitution India.
  • Goa: only state with a pre-existing uniform civil code (Portuguese Civil Code of 1867, still in operation).
  • Gujarat UCC committee chaired by retired SC Justice Ranjana Desai (also chaired the Uttarakhand UCC committee).
  • 22nd Law Commission sought public inputs on UCC in June 2023; recommendations pending.
  • Article 37: DPSPs "shall not be enforceable by any court" but are "fundamental in the governance of the country."
  • Uttarakhand UCC exempts Scheduled Tribes from its provisions.
  • Special Marriage Act, 1954: existing secular option for inter-faith/civil marriages.
  • Key Supreme Court calls for UCC implementation: Shah Bano (1985), Sarla Mudgal v. Union of India (1995), John Vallamattom v. Union of India (2003).