State govts taking steps towards UCC implementation based on Constitution: Union minister
Uttarakhand became the first state in independent India to enforce the Uniform Civil Code, with effect from January 27, 2025, following passage of the Uttara...
What Happened
- Uttarakhand became the first state in independent India to enforce the Uniform Civil Code, with effect from January 27, 2025, following passage of the Uttarakhand Uniform Civil Code Act, 2024 in the state legislature in February 2024.
- The Gujarat Legislative Assembly passed its own Uniform Civil Code Bill in March 2026, making it the second state to adopt UCC legislation.
- The Chhattisgarh government approved the formation of a high-level committee to study the feasibility of implementing a UCC and prepare a draft framework.
- Madhya Pradesh is in the process of studying the code before initiating legislative action.
- These state-level moves are being characterised as consistent with the constitutional directive under Article 44, which places UCC in the Directive Principles of State Policy.
Static Topic Bridges
Article 44 — Uniform Civil Code Under the Directive Principles
Article 44 of the Indian Constitution, under Part IV (Directive Principles of State Policy, Articles 36–51), directs: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." DPSPs are non-justiciable — courts cannot enforce them directly — but Article 37 declares them "fundamental in the governance of the country."
- Article 44 was placed in Part IV as a compromise during the Constituent Assembly debates; B.R. Ambedkar supported UCC while Muslim representatives sought its placement outside enforceable rights.
- Goa is the only Indian state that has historically operated under a Uniform Civil Code, inherited from the Portuguese Civil Code of 1867.
- A UCC seeks to replace religion-specific personal laws on marriage, divorce, inheritance, adoption, succession and maintenance with a single secular framework applicable to all citizens.
Connection to this news: States enacting their own UCC legislation are operationalising a long-standing constitutional aspiration that the Central Government has not yet legislated upon at the national level.
Personal Laws and the Tension Between Equality and Religious Freedom
Personal laws in India — the Hindu Succession Act 1956, Muslim Personal Law (Shariat) Application Act 1937, Indian Christian Marriage Act 1872, and others — govern civil matters on a religion-specific basis. This framework has been criticised for creating unequal rights, especially for women in matters of divorce and inheritance.
- Article 25 guarantees freedom of religion including the right to practice and propagate, while Article 26 protects religious denominations' right to manage their own affairs.
- Article 14 (equality before law) and Article 15 (prohibition of discrimination on grounds of religion, sex, etc.) are frequently invoked in arguments for a UCC.
- The Supreme Court has in several judgments — including Shah Bano (1985) and Sarla Mudgal (1995) — called upon Parliament to enact a UCC.
Connection to this news: UCC proponents argue that state-level enactments can gradually build a precedent for a national code, while critics argue personal laws are protected under Articles 25 and 26 and the Right to Religious Freedom.
Centre–State Relations and Legislative Competence in Personal Laws
Under the Seventh Schedule of the Constitution, "marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition" fall under Entry 5 of the Concurrent List (List III). Both Parliament and state legislatures can legislate on these subjects.
- In case of a conflict between state and central legislation on a Concurrent List subject, the Central law prevails under Article 254, unless the President gives assent to the state law.
- Uttarakhand's UCC is the first instance of a state exercising this concurrent legislative power to comprehensively codify personal law.
- The Gujarat Bill, following a similar track, signals a possible federal-level momentum toward a national UCC.
Connection to this news: State-level UCC legislation is constitutionally permissible under the Concurrent List, but any contradiction with existing central personal law statutes would require Presidential assent to be saved.
Key Facts & Data
- Uttarakhand UCC: Passed on February 7, 2024; enforced from January 27, 2025.
- Gujarat UCC Bill: Passed by the Gujarat Legislative Assembly in March 2026 — second state to do so.
- Chhattisgarh: High-level committee approved; tasked with drafting a feasibility report and framework.
- Madhya Pradesh: Under study stage; no draft legislation announced yet.
- Article 44 is one of 25 Directive Principles across Articles 36–51 of the Constitution.
- Goa is the only pre-existing UCC state, operating under the Portuguese Civil Code since 1867.
- The Supreme Court has called for a national UCC in Shah Bano (1985), Sarla Mudgal (1995), and Shayara Bano (2017) judgments.
- Personal laws in India include: Hindu Succession Act (1956), Muslim Personal Law (Shariat) Application Act (1937), Indian Christian Marriage Act (1872), Special Marriage Act (1954).