·The Hindu·15 marks·250–350 wordsPolity

Discuss the constitutional basis and challenges in implementing a Uniform Civil Code in India, with reference to recent state-level initiatives.

In this answer
  1. Constitutional basis
  2. Recent State-level initiatives
  3. Challenges

Article 44 of the Constitution directs that "the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India" [1]. Long dormant as a Directive Principle, it has been revived not by Parliament but by States — Uttarakhand's enacted code and West Bengal's draft Bill — shifting the debate from constitutional aspiration to legislative practice.

Constitutional basis

  • Article 44, Part IV, makes a UCC a Directive Principle; under Article 37 it is non-justiciable but "fundamental in the governance of the country" [1].
  • Concurrent List, Entry 5 (Seventh Schedule) covers marriage, divorce, infants, adoption and succession — giving States legislative competence in personal law, subject to Article 254 and Presidential assent [1].
  • The DPSP goal is read alongside Articles 14 and 15 (equality, non-discrimination), framing UCC as a gender-justice measure [1].

Recent State-level initiatives

  • Uttarakhand became the first State to enact one — the Uniform Civil Code of Uttarakhand, Act No. 3 of 2024 [2] — in force from 27 January 2025, covering marriage, divorce, succession and live-in registration [3].
  • West Bengal, by notification of 10 July 2026, constituted a nine-member committee under Justice Ranjana Prakash Desai to review its Draft UCC, West Bengal, 2026 (marriage, divorce, intestate and testamentary succession), for tabling in the Assembly [4].

Challenges

  • Rights conflict: uniformity is resisted as intruding on Articles 25–26 freedom of religion and minority cultural identity [1].
  • Federal fragmentation: State-by-State codes yield varying "uniform" codes, defeating Article 44's territory of India mandate [2].
  • Exemptions dilute uniformity: Uttarakhand's Act excludes Scheduled Tribes and communities protected under Part XXI [2].
  • Consensus deficit: the 22nd Law Commission reopened public and religious-body consultation in 2023, showing the question is unsettled [5].
  • Capacity and privacy: compulsory registration regimes demand administrative machinery and data safeguards [3].

A UCC is therefore constitutionally permissible but socially demanding. The way forward lies in incremental codification of marriage, divorce and succession law with wide consultation, retaining protective exemptions for tribal customs — securing the equality promised by Articles 14 and 44 through persuasion rather than uniformity by decree.

Sources

  1. 1The Constitution of India (Ministry of Law and Justice, 2024)Articles 37, 44, 14–15, 25–26; Concurrent List Entry 5
  2. 2The Uniform Civil Code of Uttarakhand, 2024 (Act No. 3 of 2024), PRS Legislative Researchenactment, scope, Scheduled Tribe exemption
  3. 3Uttarakhand becomes first state to implement Uniform Civil Code, DD Newscommencement on 27 January 2025; registration framework
  4. 4The Hindu — "West Bengal government forms committee to review draft UCC" (news report)10 July 2026 notification, nine-member Desai committee, Bill scope
  5. 5Law Commission of India solicits views on the Uniform Civil Code, PIB22nd Law Commission's fresh public consultation
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