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