What Happened
- Chief Minister Bhupendra Patel tabled the Gujarat Uniform Civil Code (UCC) Bill, 2026 in the Gujarat Legislative Assembly, one week after a state-appointed expert panel submitted its final implementation report.
- The Bill proposes a common legal framework governing marriage, divorce, succession, and live-in relationships for all residents of Gujarat, irrespective of religion.
- If enacted, Gujarat will become the second state in India to pass a UCC law, after Uttarakhand, which enacted its UCC in February 2024 (implemented from January 27, 2025).
- The Gujarat Bill bans polygamy, sets the minimum marriage age at 21 years for men and 18 years for women, and makes marriage registration compulsory.
- Notably, the Bill exempts members of Scheduled Tribes whose customary practices are constitutionally protected.
- Patel invoked Sanatan values and the Rigveda while tabling the Bill, framing it as a unification of personal laws.
Static Topic Bridges
Article 44 — Uniform Civil Code as a Directive Principle
Article 44 of the Constitution, contained 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." DPSPs under Articles 36–51 are non-justiciable (not enforceable in court under Article 37) but are fundamental to governance and must inform the state's legislative agenda.
The Supreme Court has repeatedly invoked Article 44 to nudge Parliament toward enacting a UCC. In Shah Bano case (1985), the Court observed that Article 44 was a "dead letter." In Sarla Mudgal v. Union of India (1995), the Court reiterated the need for a UCC. In John Vallamattom v. Union of India (2003), the Court again called for enactment of a UCC.
- Article 44: Directive Principle on Uniform Civil Code
- Article 37: DPSPs are not justiciable but fundamental to governance
- Shah Bano case (1985): Highlighted the need for UCC; led to controversial Muslim Women (Protection of Rights on Divorce) Act, 1986
- Sarla Mudgal v. Union of India (1995): SC directed Centre to take steps toward UCC
- Currently, personal laws are governed by religion-specific codes — Hindu Code Bills (1955–56), Muslim Personal Law (Shariat) Application Act (1937), Indian Christian Marriage Act (1872), etc.
Connection to this news: Gujarat's UCC Bill is a state-level legislative attempt to operationalise Article 44. Because personal laws are on the Concurrent List (Entry 5), states have the legislative competence to enact such laws.
Concurrent List and State Legislative Competence on Personal Laws
Under the Seventh Schedule of the Constitution, Entry 5 of the Concurrent List (List III) covers "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 have been immediately before the commencement of this Constitution subject to their personal law." Both Parliament and state legislatures can legislate on these subjects; in the event of repugnancy, a central law prevails unless the state law has received Presidential assent (Article 254).
- Entry 5, List III (Concurrent List): Marriage, divorce, succession, adoption — concurrent subject
- Article 254: In case of conflict between central and state laws on concurrent subjects, central law prevails unless state law receives Presidential assent
- Uttarakhand UCC Act, 2024: First state UCC, enacted February 7, 2024; Presidential assent March 13, 2024; implemented January 27, 2025
- Goa: Has its own Goa Civil Code (inherited from Portuguese-era laws), which operates as a de facto UCC
Connection to this news: Gujarat has the legislative competence to enact a UCC as a state law. The Bill would need Presidential assent if any provision conflicts with existing central personal law legislation.
Live-In Relationships: Legal Status and the Regulatory Turn
Indian courts have progressively extended legal recognition to live-in relationships. In S. Khushboo v. Kanniammal (2010), the Supreme Court held that live-in relationships between consenting adults are not illegal. In Indra Sarma v. V.K.V. Sarma (2013), the Court examined criteria for a "relationship in the nature of marriage." The Protection of Women from Domestic Violence Act, 2005 (Section 2(f)) already extends protection to women in "relationships in the nature of marriage."
The Gujarat Bill goes further by mandating compulsory registration of live-in relationships (Clause 384), requiring partners to submit a statement to the Registrar in their jurisdiction, and granting children born of such unions legitimate status.
- Domestic Violence Act, 2005 (Section 2(f)): Defines "domestic relationship" to include live-in relationships "in the nature of marriage"
- S. Khushboo v. Kanniammal (2010): Live-in relationships between consenting adults are not illegal
- Indra Sarma v. V.K.V. Sarma (2013): Criteria for identifying "relationship in the nature of marriage"
- Gujarat Bill Clause 384: Compulsory registration of live-in relationships
- Uttarakhand UCC also mandates registration of live-in relationships and penalises non-compliance
Connection to this news: Gujarat's Bill follows Uttarakhand's template in bringing live-in relationships within a formal legal-regulatory framework, which critics argue impinges on personal freedom while supporters argue it provides legal protection especially to women.
Key Facts & Data
- Article 44 of the Constitution: Directive Principle mandating a Uniform Civil Code.
- Uttarakhand UCC Act, 2024: First state UCC in independent India; came into force January 27, 2025.
- Gujarat UCC Bill, 2026: Proposes common framework for marriage (compulsory registration, ban on polygamy, minimum age 21/18), divorce, succession, and live-in relationships.
- Exemption: Scheduled Tribes are excluded from the Bill's purview, as their customary practices are protected under the Fifth and Sixth Schedules of the Constitution.
- The Concurrent List (Entry 5) gives both Parliament and state legislatures jurisdiction over marriage, divorce, succession, and adoption.
- The Bill was tabled one week after a state-appointed expert panel submitted its final implementation report.
- Gujarat Assembly passed the Bill — reports confirm passage, making Gujarat the second state with a UCC.