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As UCC debate resurfaces in poll-bound states, remembering what Ambedkar said in Constituent Assembly

April 14, 2026 5 min read Polity & Governance Social Issues GS2 (Polity & Governance Indian Constitution Social Justice)
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What Happened

  • As West Bengal and Assam head into state elections, the Uniform Civil Code (UCC) has re-emerged as a major campaign issue, with the BJP promising to implement UCC in both states if elected.
  • Union Home Minister Amit Shah stated UCC would be implemented in West Bengal "within six months" of a BJP government forming; a similar promise was made for Assam.
  • BJP's push in Bengal and Assam follows Uttarakhand becoming the first state to enact a UCC law (2024), though implementation remains contested.
  • The renewed debate has prompted a re-examination of what B.R. Ambedkar actually said about the UCC in the Constituent Assembly in 1948.

Static Topic Bridges

Article 44 — Uniform Civil Code as a Directive Principle

Article 44 of the Indian Constitution, placed in Part IV (Directive Principles of State Policy), reads: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." DPSPs are not enforceable by courts (Article 37), but Article 37 also states they are "fundamental in the governance of the country" and it shall be the duty of the State to apply them in making laws. The UCC was placed in Part IV rather than Part III (Fundamental Rights) as a deliberate compromise — making it an aspiration rather than an immediately justiciable right.

  • Article 44: Part IV (DPSP); not enforceable in court unlike Fundamental Rights (Part III)
  • Article 37: DPSPs are not enforceable but "fundamental in governance"; state duty to apply them
  • Original article number in Constituent Assembly debates: Draft Article 35 (renumbered to Article 44)
  • Constituent Assembly debate: November 23, 1948
  • Key proponents: Dr. B.R. Ambedkar (Law Minister), K.M. Munshi
  • Key opposition: Mohammad Ismail Khan, B. Pocker Sahib Bahadur (Muslim members moved amendments to exclude personal laws)
  • Compromise outcome: included as DPSP rather than Fundamental Right; left to future legislatures to implement

Connection to this news: The BJP's electoral promises to implement UCC in West Bengal and Assam directly invoke Article 44 — the 75-year-old constitutional aspiration that remains unimplemented at the national level.

Ambedkar's Position in the Constituent Assembly

On November 23, 1948, debating Draft Article 35 (Article 44), Ambedkar defended the inclusion of UCC in the DPSP chapter. He argued that: (1) the state already had a uniform criminal code (Indian Penal Code) and large parts of a uniform civil code (contract, evidence, transfer of property) — only personal law on marriage and succession remained divergent; (2) the provision merely granted the state the power to enact UCC, not an obligation; (3) such power should be available to any future government that might choose to exercise it with community consent. He also acknowledged the sensitivities and said UCC need not be applied to all communities simultaneously — it could initially be voluntary.

  • Ambedkar's argument: India already had uniform criminal law (IPC, 1860) and uniform civil law in most domains; UCC would complete the project by unifying personal law on marriage and succession
  • He distinguished between granting legislative power (DPSP) and imposing UCC immediately — the latter was not the intent
  • K.M. Munshi: argued that religion and personal law had already been de-linked in most civilised countries
  • The argument that non-Hindu communities (Muslims, Parsis, Christians) would lose minority rights was rebutted by Ambedkar: DPSPs do not override Fundamental Rights (Article 25 — freedom of religion)
  • Critically: Ambedkar himself was not the original drafter; he was defending the Drafting Committee's formulation

Connection to this news: BJP leaders quote Ambedkar to legitimise the UCC push. However, Ambedkar's actual position was nuanced — he supported the state's power to legislate UCC but emphasised voluntary initial adoption and community consultation, not forced imposition.

India has separate personal laws for different religious communities governing marriage, divorce, maintenance, adoption, and inheritance. These are: Hindu personal law (codified by the Hindu Code Bills 1955–56: Hindu Marriage Act, Hindu Succession Act, Hindu Adoption and Maintenance Act, Hindu Minority and Guardianship Act); Muslim personal law (Muslim Personal Law (Shariat) Application Act, 1937; no codified Muslim divorce/maintenance law at national level, though the Muslim Women (Protection of Rights on Divorce) Act 1986 and its 2019 successor exist); Christian personal law (Indian Christian Marriage Act 1872, Indian Divorce Act 1869); Parsi personal law (Parsi Marriage and Divorce Act 1936); Special Marriage Act 1954 (optional civil code for inter-religious couples and those who opt out of personal law).

  • Hindu Code Bills (1955–56): codified Hindu personal law — Ambedkar was instrumental as Law Minister; resigned when PM Nehru stalled the bills
  • Muslim Personal Law (Shariat) Application Act, 1937: applies Shariat law to Muslims on personal matters; a colonial-era legislation
  • Special Marriage Act, 1954: provides a civil marriage framework for all citizens regardless of religion — often described as India's de facto "optional UCC"
  • Goa Civil Code: Goa (a former Portuguese colony) has a common civil code for all residents regardless of religion under the Portuguese Civil Code 1867 — often cited as a working example of UCC
  • Uttarakhand UCC Act, 2024: first state to enact a UCC; covers marriage registration, divorce, succession for all except tribal communities under Fifth Schedule

Connection to this news: The BJP's promise in Bengal and Assam builds on the Uttarakhand precedent — state-level UCC as a precursor to national implementation, bypassing the need for central consensus.

Key Facts & Data

  • Article 44: DPSP (Part IV); "The State shall endeavour to secure for the citizens a uniform civil code"
  • Constituent Assembly debate on Draft Article 35 (now Art. 44): November 23, 1948
  • Special Marriage Act, 1954: existing optional secular civil code for inter-religious couples
  • Goa Civil Code: operative under Portuguese Civil Code 1867; applicable to all except tribal communities
  • Uttarakhand UCC Act: enacted 2024; first state-level UCC in independent India; excludes tribal communities under 5th Schedule
  • Hindu Code Bills: codified Hindu personal law in 1955–56 (Hindu Marriage Act, Hindu Succession Act, Hindu Adoption and Maintenance Act, Hindu Minority and Guardianship Act)
  • Article 25: freedom of conscience and free profession, practice and propagation of religion — limits on UCC must reconcile with this
  • Article 37: DPSPs not judicially enforceable but "fundamental in governance of the country"