State-level enactment of a Uniform Civil Code strengthens the DPSP but fragments its 'uniformity'. Critically examine with reference to recent State legislations.
New · District CollectorCan you hold the district for 72 hours?Floods, a heatwave, an outbreak, a grievance queue. Take the decisions, see the consequences.Play →Article 44 asks the State to "endeavour to secure" a uniform civil code "throughout the territory of India". Uttarakhand's UCC Act, 2024 [2] and Gujarat's UCC Bill, 2026, which received Presidential assent in September 2026 [1], turn this directive into enforceable law. However, codes made State by State raise a basic question: uniform for whom, and across what territory?
How State UCCs strengthen the DPSP
- Constitutional legitimacy: Marriage and succession fall in the Concurrent List (Entry 5). Under Article 254(2), President's assent lets a State law prevail over conflicting central personal laws, and Gujarat used this route [1].
- Gender justice: Gujarat prohibits bigamy and sets common rules for divorce and succession [1]. This responds to the concerns raised in Sarla Mudgal and Shayara Bano.
- Legal certainty: Uttarakhand runs compulsory registration of live-in relationships, with maintenance rights for deserted women and legitimacy for children [3].
- Laboratories of reform: State codes generate working models for a future national debate.
How they fragment 'uniformity'
- Internal exclusions: Gujarat exempts Scheduled Tribes (Article 342) and Part XXI customary-rights groups [1]. As a result, people in the same district can follow different family laws.
- Inter-State patchwork: Differing State codes mean a couple's rights can change when they cross a State border. This is the opposite of a code "throughout the territory of India".
- Extra-territorial reach: Gujarat's Act also binds residents living outside the State [1], which raises questions under Article 245(1).
- Uniform is not the same as equal: The 21st Law Commission (2018) favoured reforming each personal law instead, through community of marital property, the child's best interest in custody decisions, and a gender-just Muslim inheritance code [4].
- Privacy: Mandatory live-in registration [3] must pass the proportionality test laid down in Puttaswamy (2017).
Way forward
- Before notifying the Act, Gujarat should publish its draft rules for public comment [1].
- Live-in registration should work as a protection, not a punishment.
- The Union should build on the 22nd Law Commission's 2023 consultation [5] to offer States a common model code.
State UCCs advance Article 44 in principle, but they replace one kind of plurality (religious) with others (State-wise and tribal). A consultative national framework that respects Sixth Schedule and Part XXI protections would combine equality (Article 14) with diversity. That would meet the gender-justice aims of SDG 5 and the constitutional promise of a uniform civil code.
Sources
- 1“UCC Bill passed by Gujarat House gets President's assent”, PTI, The Hindu, 3 October 2026assent, bigamy ban, ST and Part XXI exclusions, extra-territorial extent, commencement by State notification
- 2The Uniform Civil Code of Uttarakhand, 2024 (Act No. 3 of 2024), PRS Legislative ResearchUttarakhand's State-level UCC enactment
- 3UCC Uttarakhand official portal, Government of Uttarakhandcompulsory live-in registration, maintenance and legitimacy provisions
- 4PIB: Law Commission floats Consultation Paper on Family Law Reform (31 August 2018)reform-within-personal-laws approach, community of property, best interest of the child, Muslim inheritance codification
- 5PIB: Law Commission of India solicits views of the public and recognized religious organizations about UCC (2023)22nd Law Commission's public consultation