The enactment of State-level Uniform Civil Codes raises complex questions about federalism and constitutional competence. Critically examine.

Q. The enactment of State-level Uniform Civil Codes raises complex questions about federalism and constitutional competence. (15 marks, 250-350 words)

Article 44 of the Constitution directs the State to secure a Uniform Civil Code (UCC), but places it in Part IV as a non-justiciable Directive Principle [1]. With Uttarakhand enacting India's first State UCC in 2024 [2] and West Bengal's Cabinet clearing a Justice Ranjana Prakash Desai committee to vet its draft Bill in July 2026 [4], the question of whether States may unilaterally codify personal law has moved from theory to practice.

Case for State competence - Clear legislative entry: marriage, divorce, succession and adoption fall under Entry 5 of the Concurrent List, so States are competent to legislate [1]. - "State" in Article 44 includes State governments; a State code is a legitimate step towards the DPSP mandate. - Laboratory of federalism: Uttarakhand's operational code [2] supplies tested drafting on polygamy, succession and live-in registration for other States. - Precedent of gradualism: Goa's inherited civil code and the Hindu Code Bills show reform has historically been piecemeal, not simultaneous.

Federal and constitutional concerns - Repugnancy: under Article 254, a State UCC yields to any future Central UCC, risking wasted legislative effort and legal churn [1]. - Uniform code, non-uniform application: multiple State codes with differing provisions create a patchwork that defeats the very object of uniformity, complicating inter-State marriages and inheritance. - Rights conflict: overriding personal laws invites challenge under Articles 25 and 29 on religious freedom and minority cultural rights [1]. - Equity of coverage: exclusion of Adivasi communities, protected under the Fifth and Sixth Schedules, dilutes uniformity even within a State [4]. - Expert caution: the Law Commission's 2018 consultation paper held a UCC "neither necessary nor desirable" at that stage, favouring reform within personal laws [3].

State-level codes are constitutionally permissible but institutionally second-best: competence is settled, coherence is not. The way forward lies in cooperative federalism — using State experiments as evidence, routed through the Inter-State Council and wide consultation, so that gender justice under Articles 14–15 advances without unsettling the pluralism Article 25 protects.

(~320 words)

Sources: 1. The Constitution of India — Legislative Department, Ministry of Law and Justice — Article 44 (DPSP), Entry 5 Concurrent List, Article 254 repugnancy, Articles 25 and 29 2. The Uniform Civil Code of Uttarakhand, 2024 (Act No. 3 of 2024) — PRS Legislative Research — first State-enacted UCC and its substantive provisions 3. Law Commission of India — Consultation Paper on Reform of Family Law (2018) — "neither necessary nor desirable at this stage" 4. West Bengal Cabinet clears panel to study draft UCC Bill — The Hindu, 3 July 2026 — Justice Desai committee; Adivasi exemption in the draft