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'BJP to bring UCC in 6 months': Amit Shah pitches common civil law in Bengal

April 10, 2026 5 min read Polity & Governance Social Issues GS Paper 2 (Polity & Governance Social Justice)
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What Happened

  • Union Home Minister Amit Shah released BJP's election manifesto ("Sankalp Patra") for the West Bengal Assembly Elections 2026, promising implementation of the Uniform Civil Code (UCC) within six months of the party forming the government
  • The manifesto also promised monthly financial assistance of ₹3,000 for women, crackdown on cross-border infiltration, and a commission headed by a retired Supreme Court judge to investigate political violence
  • UCC remains a deeply contested issue in West Bengal, where Chief Minister Mamata Banerjee's Trinamool Congress (TMC) strongly opposes it, arguing it would undermine minority rights and religious freedoms
  • Uttarakhand became the first state to enact a UCC law in 2024, making its implementation in states a live constitutional question

Static Topic Bridges

Article 44 — Uniform Civil Code as a Directive Principle

Article 44 of the Indian Constitution, listed under Part IV (Directive Principles of State Policy), directs the State to "endeavour to secure for the citizens a uniform civil code throughout the territory of India." Unlike Fundamental Rights under Part III, DPSPs are not enforceable by courts but are fundamental to governance and are considered by courts in interpreting legislation. The UCC would replace religion-specific personal laws governing marriage, divorce, inheritance, maintenance, and adoption with a single secular framework applicable to all citizens regardless of religion.

  • Article 44 is part of the Directive Principles of State Policy (Part IV, Articles 36–51)
  • DPSPs are non-justiciable but serve as guidelines for law-making; Article 37 makes them "fundamental in the governance of the country"
  • The Constitution framers included UCC as a DPSP recognising that immediate implementation was politically unfeasible but remained an aspirational goal
  • B.R. Ambedkar supported UCC but agreed it should be voluntary initially

Connection to this news: BJP's promise to implement UCC in West Bengal within six months raises the question of whether a state can implement UCC unilaterally — a matter that requires examination of legislative competence (personal laws are in the Concurrent List, Entry 5).

Shah Bano Case (1985) and the UCC Debate

The Shah Bano case (Mohd. Ahmed Khan v. Shah Bano Begum, 1985) is the most consequential Supreme Court judgment in the UCC debate. The Court upheld a Muslim divorced woman's right to maintenance under Section 125 of the Code of Criminal Procedure, irrespective of her religion, and lamented that Article 44 had remained "a dead letter." The Congress government subsequently passed the Muslim Women (Protection of Rights on Divorce) Act, 1986, which negated the judgment by limiting alimony to the iddat period — a move widely criticised as minority appeasement that undermined judicial authority and women's rights.

  • Shah Bano (1985): Five-judge Constitution Bench; upheld maintenance rights under secular CrPC
  • Court explicitly called for UCC to promote national integration
  • Muslim Women Act, 1986: Congress response that overrode the judgment — seen as vote-bank politics
  • Sarla Mudgal v. Union of India (1995): SC again called for UCC implementation
  • Shayara Bano v. Union of India (2017): SC declared instant triple talaq unconstitutional

Connection to this news: BJP's UCC promise is positioned as completing the constitutional mandate underscored in Shah Bano; the political controversy around UCC remains centred on whether it respects religious autonomy or imposes majoritarianism.

Legislative Competence — Centre vs State on Personal Laws

Personal laws governing marriage, divorce, inheritance, and adoption fall under Entry 5 of List III (Concurrent List) of the Seventh Schedule. Both Parliament and state legislatures can legislate on this subject, but in case of conflict, a valid Central law prevails. Uttarakhand enacted the Uniform Civil Code (Uttarakhand) Act, 2024, becoming the first state to do so — demonstrating that states can legislate on UCC matters. However, the constitutional validity of a state-level UCC that displaces pre-existing Central personal law statutes (like the Hindu Marriage Act, 1955 or Muslim Personal Law (Shariat) Application Act, 1937) remains a live legal question.

  • Entry 5, List III (Concurrent List): "Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition"
  • Uttarakhand UCC Act, 2024: First state-level UCC; implementation rules still being framed
  • Central personal laws include: Hindu Marriage Act, 1955; Hindu Succession Act, 1956; Muslim Personal Law (Shariat) Application Act, 1937; Indian Christian Marriage Act, 1872
  • Article 25 and 26 guarantee freedom of religion and right to manage religious affairs — the primary constitutional challenge to UCC

Connection to this news: BJP's promise to implement UCC in West Bengal, if it wins, would require state legislation on Concurrent List Entry 5 — legally possible but constitutionally contested, especially regarding its interaction with Central personal law statutes.

National Integration vs Minority Rights Debate

The Supreme Court in multiple judgments has held that UCC would promote national integration (Shah Bano, 1985; Sarla Mudgal, 1995). However, Article 25 guarantees freedom of conscience and the right to freely profess, practise, and propagate religion, and Article 26 protects the right of religious denominations to manage their own affairs in matters of religion. Critics argue that a coerced UCC violates minority religious identity and that personal laws, when chosen voluntarily, are an expression of religious freedom rather than gender injustice.

  • Article 25: Freedom of conscience and free profession, practice, and propagation of religion
  • Article 26: Freedom to manage religious affairs (subject to public order, morality, health)
  • The 21st Law Commission (2018) concluded that UCC is "neither necessary nor desirable at this stage" and recommended reform of personal laws instead
  • Goa is the only Indian state with a uniform civil code (inherited from Portuguese colonial law, the Goa Civil Code)

Connection to this news: West Bengal's Muslim population (about 27% of the state) makes UCC a particularly charged political issue; the BJP's promise is designed to both appeal to Hindu voters and polarise the electorate along religious lines ahead of the elections.

Key Facts & Data

  • Article 44: Directive Principle directing the State to secure a Uniform Civil Code
  • Uttarakhand became the first Indian state to enact UCC legislation (2024)
  • Goa: Only state currently operating under a uniform civil code (Goa Civil Code, inherited from Portuguese era)
  • Shah Bano judgment: 1985; Muslim Women Act response: 1986
  • Shayara Bano judgment (2017): Triple talaq declared unconstitutional
  • West Bengal Muslim population: approximately 27% of state population
  • 21st Law Commission (2018): Recommended reform of existing personal laws instead of UCC
  • Personal laws fall under Entry 5, List III (Concurrent List) of the Seventh Schedule