Now Madhya Pradesh wants to bring in UCC, sets up panel to prepare draft bill in 6 months
The Madhya Pradesh government constituted a six-member expert committee headed by a retired Supreme Court judge to examine the feasibility of a Uniform Civil...
What Happened
- The Madhya Pradesh government constituted a six-member expert committee headed by a retired Supreme Court judge to examine the feasibility of a Uniform Civil Code and prepare a draft bill, with a 60-day deadline to submit the report.
- The committee — headed by a retired Supreme Court judge — includes a retired IAS officer, a legal expert, an educationist, and a social worker; it is directed to examine models already implemented in other states, including Uttarakhand.
- The panel will seek submissions from the public, religious and social organisations, and subject experts, with special focus on safeguarding the rights of women and children and addressing issues such as regulation of live-in relationships.
- The state government has indicated it intends to introduce the bill in the state legislature by Diwali 2026, making Madhya Pradesh a likely candidate to become the second state after Uttarakhand to enact a UCC.
Static Topic Bridges
Article 44 — Directive Principle of State Policy on Uniform Civil Code
Article 44 of the Indian Constitution, placed within Part IV (Directive Principles of State Policy), directs that "the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." DPSPs are non-justiciable — they cannot be enforced by any court — but are fundamental to the country's governance (Article 37). Article 44 was included in the Constitution on the recommendation of the Drafting Committee in the backdrop of extensive debate; Dr. B.R. Ambedkar viewed the UCC as an instrument of national integration, while others argued for deference to religious personal laws. The Supreme Court has, in multiple cases, expressed that Article 44 remains "dead letter" and that Parliament should enact a UCC, but no Central legislation has been enacted to date.
- Article 44 is located under Part IV (Articles 36–51), which governs Directive Principles of State Policy.
- DPSPs are non-justiciable under Article 37 but are considered "fundamental in the governance of the country."
- The Supreme Court first urged UCC enactment in Mohammad Ahmed Khan v. Shah Bano Begum (1985) — the landmark Shah Bano case.
- Subsequent calls came in Sarla Mudgal v. Union of India (1995), John Vallamattom v. Union of India (2003), and Shayara Bano v. Union of India (2017).
- States have concurrent legislative power over personal laws (Entry 5, Concurrent List, Seventh Schedule); states can enact their own UCC.
Connection to this news: The Madhya Pradesh initiative is a state-level attempt to fulfil the aspirational directive in Article 44; the state's reliance on a committee model mirrors Uttarakhand's approach and reflects the continuing debate over whether UCC should be a Central or state-level initiative.
Goa's Civil Code — India's Pre-existing Model of Uniformity
Goa is the only state in India that has, since its liberation in 1961, applied a uniform civil code to all its residents regardless of religion. The code is rooted in the Portuguese Civil Code of 1867, which was extended to Goa, Daman and Diu by royal decree in 1869 and was retained after Goa's merger with the Indian Union in 1961 through the Goa, Daman and Diu Administration Act of 1962. This code governs marriage, divorce, succession, and property rights uniformly for all communities. However, critics note that Goa's code is not entirely uniform: it contains specific provisions for certain Hindu communities (e.g., Hindus of Saraswat tradition may have bigamous marriages registered under certain conditions), and it has been described as a "common" rather than a purely "uniform" code.
- Portuguese Civil Code of 1867 applied to Goa since 1869; retained after liberation in 1961.
- Goa, Daman and Diu Administration Act, 1962: preserved all laws in force at the time of liberation.
- Goa is the only state in India where a common civil code covering marriage, divorce, inheritance, and property applies to all communities.
- The Goa Civil Code is sometimes cited as a model, though scholars note its Hindu community-specific exceptions limit its claim to full uniformity.
- The Supreme Court in Sarla Mudgal (1995) cited Goa as a living example of a UCC working in practice.
Connection to this news: The Madhya Pradesh expert panel is directed to examine existing models including Goa's; understanding Goa's code is essential context for assessing how a new state UCC might differ from or build upon this colonial-era model.
Uttarakhand Uniform Civil Code Act, 2024 — India's First Modern State UCC
Uttarakhand became the first state in independent India to enact a fresh, comprehensive Uniform Civil Code when its legislative assembly passed the Uniform Civil Code of Uttarakhand Act, 2024. It came into force on January 27, 2025. The act governs marriage, divorce, adoption, inheritance, succession, and maintenance for all Uttarakhand residents regardless of their religion, caste, or sex. Its enactment followed the report of a committee headed by a retired Supreme Court judge — a model that Madhya Pradesh is now replicating. The Act also contains provisions on registration of live-in relationships, a first in Indian law, requiring couples to register with the local registrar.
- Uttarakhand UCC Act, 2024 came into force on January 27, 2025 — the first modern state-enacted UCC in India.
- Governs: marriage, divorce, adoption, inheritance, succession, and maintenance — uniformly for all residents.
- Prepared by a committee headed by a retired Supreme Court judge; submitted its report to the state government in 2024.
- Key innovation: mandatory registration of live-in relationships with the registrar within one month.
- Tribal communities in Uttarakhand are excluded from certain provisions, acknowledging customary law protections.
- The Act applies to all residents of Uttarakhand, including those from other states residing in the state.
Connection to this news: The Madhya Pradesh committee is explicitly directed to examine the Uttarakhand model; the committee structure, timeline, and objectives announced for MP closely mirror the approach Uttarakhand used — indicating that Uttarakhand's UCC has become a legislative template for other states.
Personal Laws and the Concurrent List — Constitutional Architecture
India's personal laws — governing marriage, divorce, inheritance, adoption, and maintenance — are derived from religious texts and codified in community-specific statutes: the Hindu Marriage Act (1955), Hindu Succession Act (1956), Muslim Personal Law (Shariat) Application Act (1937), Indian Christian Marriage Act (1872), Parsi Marriage and Divorce Act (1936), and others. "Personal law" is a subject under Entry 5 of the Concurrent List (Seventh Schedule), meaning both Parliament and state legislatures can legislate on it, subject to Parliamentary supremacy. This is the constitutional basis on which states like Uttarakhand and now Madhya Pradesh can enact their own UCCs without waiting for Central legislation.
- Entry 5, Concurrent List: "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 were immediately before the commencement of this Constitution subject to their personal law."
- States can legislate on personal laws; Central legislation prevails in case of conflict (Article 254).
- The Hindu Code Bills (1955–56) harmonised Hindu personal law under four statutes; no equivalent reform has occurred for Muslim personal law.
- A Central UCC would require Parliamentary legislation; state UCCs may be enacted by state assemblies.
Connection to this news: The MP government's ability to constitute a panel and legislate a UCC rests on Entry 5 of the Concurrent List; the state is acting within its constitutional powers, and the exercise highlights the federal dimension of personal law reform in India.
Key Facts & Data
- Article 44, Constitution of India: directs the State to secure a Uniform Civil Code; non-justiciable (Part IV DPSP).
- Goa: only state with a common civil code since 1961, rooted in the Portuguese Civil Code of 1867.
- Uttarakhand: first modern state UCC enacted in 2024; in force since January 27, 2025.
- MP committee: six members, headed by a retired Supreme Court judge; 60-day deadline to submit draft bill.
- Entry 5, Concurrent List: personal law is a concurrent subject, giving states legislative competence to enact UCCs.
- Key Supreme Court cases urging UCC: Shah Bano (1985), Sarla Mudgal (1995), John Vallamattom (2003), Shayara Bano (2017).