🗞️ Why in News The Gujarat Uniform Civil Code, 2026 has become law. A notification in the Gujarat Government Gazette (Extraordinary) dated 1 October 2026 records that President Droupadi Murmu gave her assent to the Bill. The Code will come into force on a date the State government notifies.
From Committee to Statute
Gujarat is the second State, after Uttarakhand, to enact a Uniform Civil Code (UCC). We explained the Bill when the Assembly passed it, in our March piece; this article covers what the assent changes.
| Stage | Date | Detail |
|---|---|---|
| Committee set up | 4 February 2025 | Five members, chaired by retired Supreme Court judge Ranjana Prakash Desai, who also headed Uttarakhand’s drafting committee |
| Bill published | 17 March 2026 | Gujarat Bill No. 17 of 2026, in the State gazette |
| Passed by the Assembly | 24 March 2026 | By voice vote after a debate of over seven hours; the Opposition sought a select committee |
| President’s assent | 17 September 2026 | As recorded in the gazette notification |
| Notified as an Act | 1 October 2026 | Extraordinary gazette of that date |
| Commencement | Not yet | On a date the State government appoints by notification (Section 1(2)) |
Why a State Law Needed the President
The subject is shared. Marriage, divorce, adoption, wills, succession and joint family fall under Entry 5 of the Concurrent List (List III, Seventh Schedule). Both Parliament and the States may legislate on them.
The clash with central laws. Personal law in India is largely central legislation: the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, the Special Marriage Act, 1954, the Indian Succession Act, 1925, the Muslim Personal Law (Shariat) Application Act, 1937 and the Dissolution of Muslim Marriages Act, 1939. A State code that changes these rules is repugnant to them.
The constitutional route.
| Provision | What it does |
|---|---|
| Article 254(1) | A State law repugnant to a central law on a Concurrent List subject is void to the extent of repugnancy |
| Article 254(2) | The State law prevails in that State if it was reserved for the President’s consideration and has received assent |
| Proviso to Article 254(2) | Parliament may later add to, amend, vary or repeal such a State law |
| Article 200 | The Governor may assent, withhold assent, return a Bill, or reserve it for the President |
| Article 201 | The President assents or withholds assent to a reserved Bill |
So the President’s assent is not a formality here. It is what lets Gujarat’s code displace central personal laws inside Gujarat. We discussed the same route in the quiz on the Indian Express column on Uttarakhand’s code on 30 September.
What the Code Contains
Reach. The Code extends to the whole of Gujarat and also applies to residents of Gujarat living outside the State (Section 1(3)).
Who is left out (Section 2).
- Members of Scheduled Tribes within the meaning of Article 366(25) read with Article 342.
- Persons and groups whose customary rights are protected under Part XXI of the Constitution (the temporary, transitional and special provisions, including the Article 371 series).
Marriage.
| Rule | Provision in the Code |
|---|---|
| Monogamy | Neither party may have a spouse living; a second marriage is punishable under the Bharatiya Nyaya Sanhita, 2023 |
| Age | Man 21, woman 18; a child marriage is punishable under the Prohibition of Child Marriage Act, 2006 |
| Ceremonies | Marriage may be solemnised by religious or customary rites |
| Registration | Compulsory; a memorandum is due within 60 days of a marriage held after commencement; wilful default can draw a fine of up to Rs 10,000 |
| Consent | Obtaining consent by force, coercion or fraud: up to seven years in prison |
| Remarriage | A divorced couple may remarry each other without any condition such as marrying a third person first; compelling such a condition is punishable |
Divorce. A marriage can be dissolved only under the Code, whatever the custom or personal law (Section 35). Divorce by mutual consent needs one year of separation, with a motion between six and eighteen months after the petition; the court may waive these periods for exceptional hardship.
Succession. On intestacy, Class-1 heirs (spouse, children and parents) succeed together and share equally. Sons and daughters therefore inherit alike.
Live-in relationships (Part 3).
- Partners in Gujarat must file a statement of live-in relationship with the Registrar; residents living outside the State may do so.
- Staying more than one month without filing: up to three months in prison, a fine of up to Rs 10,000, or both.
- No registration where a partner is married, already in another live-in relationship, or a minor.
- A child of a live-in relationship is legitimate, and a deserted woman may claim maintenance.
Uttarakhand and Gujarat Side by Side
| Uttarakhand | Gujarat | |
|---|---|---|
| Act | Uniform Civil Code, Uttarakhand, 2024 | Gujarat Uniform Civil Code, 2026 |
| Passed by the Assembly | 7 February 2024 | 24 March 2026 |
| President’s assent | March 2024 | 17 September 2026 |
| In force | 27 January 2025 | On a date to be notified |
| Drafting committee chair | Justice Ranjana Prakash Desai | Justice Ranjana Prakash Desai |
| Scheduled Tribes | Excluded | Excluded |
| Live-in registration | Mandatory | Mandatory |
Goa is the older model: it follows the Portuguese Civil Code of 1867, kept in force after liberation by the Goa, Daman and Diu (Administration) Act, 1962.
Analysis
1. A national goal, delivered State by State. Article 44 asks the State to endeavour to secure a UCC “throughout the territory of India”. Uttarakhand and Gujarat are building it one State at a time through Article 254(2). The result could be several different “uniform” codes, and Parliament can override any of them under the proviso.
2. Uniform, with exemptions. Leaving out Scheduled Tribes and Part XXI groups respects customary law and Fifth and Sixth Schedule sensitivities. Critics argue it also shows that uniformity is being applied selectively.
3. Gender justice is the strongest case. A ban on polygamy, equal inheritance for daughters and a single set of divorce grounds address long-standing inequalities. These are the arguments the Supreme Court made in Shah Bano (1985) and Sarla Mudgal (1995).
4. The live-in rules raise privacy questions. Compulsory registration, with prison for not filing, sits uneasily with the right to privacy and personal autonomy recognised in K.S. Puttaswamy (2017). Uttarakhand’s similar rules have drawn the same criticism.
5. The real test is the rules. Registration systems, Registrar powers and timelines all depend on rules not yet framed. The Code is law, but not yet in force.
UPSC Relevance
GS Paper 2. Indian Constitution: Directive Principles, distribution of legislative powers, the Governor’s and the President’s role in State legislation; issues of federalism. GS Paper 1. Social empowerment; secularism; role of women.
A question worth preparing. “States enacting Uniform Civil Codes through Article 254(2) may achieve Article 44 piecemeal but not uniformly.” Discuss with reference to Uttarakhand and Gujarat. (250 words)
The Mains framing. Open with Article 44 and Entry 5 of List III. Explain why a State code needs the President’s assent (Articles 200, 201 and 254(2)). Use Gujarat’s provisions as evidence for the gender-justice case, then weigh exclusions, privacy and federal fragmentation. Conclude with consultation, a model law route, and rules that protect privacy.
📌 Facts Corner, Knowledgepedia
Prelims, statement-ready facts:
- Gujarat UCC, 2026: President’s assent 17 September 2026; gazette 1 October 2026; in force on a date the State notifies.
- Gujarat is the second State after Uttarakhand (in force 27 January 2025) to enact a UCC; Assembly passed it 24 March 2026.
- Entry 5, List III: marriage, divorce, adoption, wills, succession; both Parliament and States can legislate.
- Article 254(2): a reserved and assented State law prevails in that State; Parliament can later override it.
- The Code excludes Scheduled Tribes (Art 366(25) with Art 342) and groups protected under Part XXI.
- Marriage age: man 21, woman 18; marriages to be registered within 60 days; live-in statement due within one month.
Prelims, the traps:
- Article 44 is a Directive Principle (Part IV), not a fundamental right, and is not enforceable in court.
- A Bill reserved for the President is assented under Article 201, not Article 111 (which is for Bills of Parliament).
- Goa’s common code is the Portuguese Civil Code of 1867, not a post-1961 law.
Mains, arguments and keywords:
- Piecemeal uniformity; gender justice; customary-law exemptions; privacy and live-in registration; Article 254(2) federal route.
Interview, be ready for:
- “Should the UCC come from Parliament or the States?” A central model law ensures uniformity; State codes allow consultation and testing.
Sources: The Hindu (PTI), The Indian Express, Gujarat Bill No. 17 of 2026 via PRS, LiveLaw on Uttarakhand assent, ThePrint on the Assembly vote
Source: Gujarat UCC Gets President's Assent: Article 44, Article 254 — Ujiyari.com | Free UPSC & State PCS Current Affairs
