·The Hindu·15 marks·250–350 wordsPolityEnvironment

Discuss the constitutional basis and federal implications of states enacting their own Uniform Civil Code legislation, with reference to recent state-level initiatives.

In this answer
  1. Constitutional basis for state action
  2. Recent state-level initiatives
  3. Federal implications

Article 44 directs the State to "endeavour to secure" a uniform civil code, but places it among the non-justiciable Directive Principles [1]. Recent state enactments show that the initiative has shifted from Parliament to the States, making the question one of federal competence as much as of personal law reform.

Constitutional basis for state action

  • Article 44 is a DPSP: fundamental to governance yet judicially unenforceable, leaving the timing of a UCC to political will [1].
  • Entry 5, Concurrent List covers marriage, divorce, succession and joint family — so State legislatures possess independent competence over personal law [1].
  • Article 254(2) cures repugnancy with existing central laws once the President assents; the Uniform Civil Code of Uttarakhand Act, 2024 received Presidential assent on this basis [2].

Recent state-level initiatives

  • Uttarakhand (2024) — first State to enact a UCC, covering marriage, divorce, succession and live-in relationships [2].
  • Gujarat (March 2026) — second State to adopt a UCC, excluding Scheduled Tribes from its ambit [3].
  • Rajasthan (August 2026) — Cabinet cleared a draft UCC Bill for the Assembly's monsoon session, covering marriage, divorce, inheritance, maintenance and live-in relationships, with tribal customary practices kept outside [4].

Federal implications

  • Positive: states act as "laboratories of federalism", testing reform incrementally where national consensus is absent.
  • Fragmentation risk: divergent state codes make personal law vary by residence, creating inter-state conflict of laws for migrants — the opposite of uniformity.
  • Exclusions dilute the premise: carving out tribal customs preserves diversity but weakens the claim of a truly uniform code.
  • Central primacy survives: a future Parliamentary UCC would prevail under Article 254(1) [1]. The Law Commission's 2018 consultation paper had held a UCC "neither necessary nor desirable" at that stage, favouring codification of discrete inequities instead [5].

State experiments have usefully moved the debate from abstraction to statute. The way forward lies in Centre–State consultation and broad public deliberation, so that reform advances gender justice under Articles 14 and 15 without unsettling the pluralism the Constitution equally protects.

Sources

  1. 1The Constitution of India, Legislative Department, Ministry of Law and JusticeArticle 44 as a DPSP; Entry 5 of the Concurrent List; Article 254 repugnancy and Presidential assent
  2. 2The Uniform Civil Code of Uttarakhand, 2024 (Act No. 3 of 2024), PRS Legislative Researchfirst state UCC; coverage of marriage, divorce, succession and live-in relationships
  3. 3Gujarat Assembly passes Uniform Civil Code Bill, News On Air (Prasar Bharati)Gujarat as second state, March 2026; exclusion of Scheduled Tribes
  4. 4Rajasthan okays Uniform Civil Code, tree protection Bills, The HinduRajasthan Cabinet approval, Bill's scope, exclusion of tribal customs
  5. 5Law Commission floats Consultation Paper on Family Law Reform, PIB2018 view that a UCC is not necessary or desirable at this stage
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