🗞️ Why in News The Gujarat Legislative Assembly passed the Uniform Civil Code (UCC) Bill, 2026 on March 24 after a marathon 7.5-hour debate, making Gujarat the second Indian state after Uttarakhand to legislate a UCC.
Correction (3 October 2026): This article earlier said the Gujarat Assembly passed the Bill on 26 March 2026. It passed on 24 March 2026, by voice vote after a debate of over seven hours (ThePrint, IANS, The Hindu/PTI). The date has been corrected throughout, and the comparison table now records that the Bill exempts Scheduled Tribes and groups protected under Part XXI (it said “Details awaited”). The Bill received the President’s assent on 17 September 2026; see our 3 October deep dive.
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 24, 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) | Exempted (Scheduled Tribes, and groups protected under Part XXI) |
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 24, 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
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