🗞️ Why in News The Gujarat Legislative Assembly passed the Uniform Civil Code (UCC) Bill, 2026 on March 26 after a marathon 7.5-hour debate, making Gujarat the second Indian state after Uttarakhand to legislate a UCC.
Constitutional Basis for UCC
Article 44 of the Indian Constitution, placed under Part IV — Directive Principles of State Policy (DPSP), states: “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
While DPSPs are not justiciable (cannot be enforced by courts), the Supreme Court has repeatedly urged Parliament to take steps toward a UCC.
Key Judicial Milestones
| Case | Year | Significance |
|---|---|---|
| Shah Bano Case (Mohd. Ahmed Khan v. Shah Bano Begum) | 1985 | SC upheld maintenance rights for divorced Muslim women under Section 125 CrPC; recommended UCC |
| Sarla Mudgal v. Union of India | 1995 | SC directed Government to take steps toward UCC |
| John Vallamattom v. Union of India | 2003 | SC declared Section 118 of Indian Succession Act unconstitutional; reiterated UCC need |
| Jose Paulo Coutinho v. Maria Luiza Valentina Pereira | 2019 | SC praised Goa’s common civil code as a model |
Gujarat UCC Bill — Key Provisions
Marriage and Divorce
- Mandatory registration of all marriages within 60 days of solemnisation
- Penalty for non-registration: Fine up to Rs 10,000
- Uniform divorce grounds applicable to all communities — replacing community-specific personal laws
- Minimum marriage age: As per existing law (21 for men, 18 for women)
Live-in Relationships
- Must be registered with the designated authority
- Provides legal recognition and certain property/maintenance rights to partners
- Aims to protect women in long-term cohabitation arrangements
Inheritance and Succession
- Equal inheritance rights for daughters and sons across all communities
- Overrides community-specific succession laws (Hindu Succession Act, Muslim Personal Law, Indian Succession Act provisions)
Comparative: Uttarakhand vs Gujarat UCC
| Feature | Uttarakhand UCC (2024) | Gujarat UCC (2026) |
|---|---|---|
| Passed | February 2024 | March 26, 2026 |
| Effective | January 27, 2025 | Awaiting notification |
| Marriage registration window | 60 days | 60 days |
| Live-in registration | Mandatory | Mandatory |
| Inheritance reform | Equal rights for daughters | Equal rights for daughters |
| Tribal communities | Exempted (Scheduled Tribes) | Details awaited |
The Goa Model
Goa has operated under a common civil code since 1961, inherited from the Portuguese Civil Code (Código Civil Português). Key features:
- Uniform marriage registration for all communities
- Community of property regime: Equal sharing of assets acquired during marriage
- Equal inheritance: Sons and daughters inherit equally
- No oral divorce (talaq): All divorces require court proceedings
The Supreme Court in the Jose Paulo Coutinho case (2019) specifically praised this system.
Arguments For and Against UCC
Arguments For
- National integration: Promotes unity and removes community-based legal disparities
- Gender justice: Ensures equal rights for women across communities (inheritance, divorce, maintenance)
- Constitutional mandate: Implements Article 44 DPSP
- Simplification: Replaces complex web of personal laws with a single code
Arguments Against
- Cultural diversity: India’s strength lies in pluralism; uniform code may suppress minority traditions
- Religious freedom: May conflict with Articles 25 (freedom of religion) and 26 (freedom to manage religious affairs)
- Federalism concerns: Personal laws are on the Concurrent List (Entry 5, List III) — both Centre and state can legislate
- Implementation challenges: Diverse customs across 28 states make a one-size-fits-all approach difficult
Significance for UPSC
This development is relevant for:
- Prelims: Article 44, DPSP vs Fundamental Rights, Shah Bano Case, Goa Civil Code
- Mains GS-1: Social empowerment, role of women in society
- Mains GS-2: Indian Constitution — features and amendments, separation of powers, federalism
- Essay: “Unity in diversity” vs. “Uniformity for equality”
UPSC Relevance
Prelims: Article 44, DPSP (Part IV), Shah Bano Case (1985), Sarla Mudgal (1995), Goa Civil Code, Concurrent List Entry 5
Mains GS-2: Fundamental Rights vs. DPSP, federalism, significance of UCC for gender justice, minority rights
📌 Facts Corner — Knowledgepedia
Uniform Civil Code — Core Data:
- Article 44: DPSP directing State to secure UCC throughout India
- Gujarat: 2nd state to pass UCC Bill (March 26, 2026)
- Uttarakhand: 1st state (February 2024; effective January 27, 2025)
- Goa: Only state with an existing uniform civil code (since 1961, Portuguese-era)
- Personal Laws on: Concurrent List (Entry 5, Schedule VII)
Key Cases:
- Shah Bano Case (1985): SC upheld Muslim divorced woman’s maintenance right under CrPC S.125
- Sarla Mudgal v. UOI (1995): SC urged Parliament to frame UCC
- Jose Paulo Coutinho (2019): SC praised Goa’s civil code
- Shayara Bano v. UOI (2017): SC struck down instant triple talaq
Other Relevant Facts:
- 21st Law Commission (2018): Stated UCC is “neither necessary nor desirable at this stage”
- 22nd Law Commission: Invited public views on UCC (June 2023)
- B.R. Ambedkar in Constituent Assembly: Supported UCC but said it should be voluntary initially
- Articles 25-26: Fundamental Rights guaranteeing religious freedom (subject to public order, morality, health)
- Article 14: Right to equality — basis for arguing UCC promotes equal treatment
Sources: DD News, The Hindu, Indian Express, PRS India