🗞️ Why in News The Gujarat Legislative Assembly passed the Uniform Civil Code (UCC) Bill, 2026 on March 26, making Gujarat the second Indian state after Uttarakhand to legislatively enact a UCC. The bill replaces personal laws governing marriage, divorce, inheritance, and adoption with a single secular code.
The Editorial Argument
The Hindu’s editorial examines whether Gujarat’s UCC Bill strikes the right balance between constitutional aspiration (Article 44) and the protection of religious freedom (Articles 25–28). While acknowledging that a uniform civil code has been a long-standing Directive Principle, the editorial cautions against treating uniformity as an end in itself rather than a means to gender justice.
Constitutional Framework
Article 44 — The Directive Principle
Article 44 of the Constitution, placed under Part IV (Directive Principles of State Policy), states: “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
Key constitutional points:
- DPSPs are not justiciable — they cannot be enforced by courts (Article 37)
- However, the Supreme Court has repeatedly urged Parliament to implement Article 44
- In Shah Bano case (1985), Justice Y.V. Chandrachud called Article 44 a “dead letter”
- In Sarla Mudgal v. Union of India (1995), the Court reiterated the need for a UCC
- In Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019), the Court praised Goa’s common civil code as a model
Fundamental Rights Tension
| Right | Provision | Concern |
|---|---|---|
| Article 25 | Freedom of conscience and religion | UCC may override religious personal laws |
| Article 26 | Freedom to manage religious affairs | Religious institutions fear loss of autonomy |
| Article 29 | Protection of cultural interests | Minorities argue UCC threatens cultural identity |
| Article 14 | Right to equality | Supporters argue personal laws create inequality |
| Article 15 | Non-discrimination on grounds of sex | Gender-discriminatory personal laws persist |
Gujarat Bill vs Uttarakhand Act — A Comparison
| Feature | Uttarakhand UCC Act (Feb 2024) | Gujarat UCC Bill (Mar 2026) |
|---|---|---|
| Triggered by | BJP manifesto promise | Gujarat High Court observations + state policy |
| Drafting body | Expert committee under Justice Ranjana Desai | Gujarat Law Commission |
| Marriage registration | Compulsory within 60 days | Compulsory within 30 days |
| Live-in relationships | Must register; penalties for non-registration | Similar registration requirement |
| Inheritance | Equal share for sons and daughters | Equal share; abolishes Hindu Undivided Family (HUF) for new registrations |
| Tribal exemption | Scheduled Tribes exempted | Scheduled Tribes exempted |
| Adoption | Secular adoption framework | Aligns with Juvenile Justice Act provisions |
The Gender Justice Argument
Proponents argue that existing personal laws perpetuate gender inequality:
- Muslim personal law: Triple talaq was criminalised (2019), but polygamy and unequal inheritance persist
- Hindu personal law: Hindu Succession Act was amended (2005) to give daughters equal coparcenary rights, but HUF tax benefits create structural inequality
- Christian personal law: Indian Divorce Act, 1869 historically required different grounds for men and women (partially reformed)
- Parsi personal law: Parsi women who marry outside the community lose inheritance rights
A UCC could establish a single standard of gender equality across all communities — the strongest constitutional argument in its favour.
Concerns and Criticism
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Federalism: Personal law falls under the Concurrent List (Entry 5, List III of the Seventh Schedule). State-level UCCs create a patchwork rather than national uniformity — defeating the purpose of Article 44.
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Minority apprehension: The All India Muslim Personal Law Board (AIMPLB) has opposed the bill, arguing it infringes on the right to religious practice under Article 25.
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Implementation challenges: India has 4,635+ communities with distinct customary practices. A single code cannot address all variations without extensive consultation.
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Political timing: Critics argue state-level UCCs are driven by electoral considerations rather than genuine reform — Gujarat elections are due in December 2027.
The Goa Model
Goa operates under a common civil code inherited from the Portuguese Civil Code of 1867, which remained in force after liberation in 1961:
- Compulsory marriage registration for all communities
- Equal inheritance for sons and daughters regardless of religion
- All divorces must go through civil courts — no unilateral divorce
- Community property system — assets acquired during marriage are jointly owned
The Supreme Court has repeatedly cited Goa as evidence that a common civil code is workable in India’s diverse society.
UPSC Relevance
Prelims: Article 44, DPSPs (Part IV), Goa civil code origin, Shah Bano case, Sarla Mudgal case
Mains GS-2: Uniform Civil Code — constitutional mandate vs fundamental rights; federalism concerns in state-level UCC implementation
Mains GS-4: Ethical tension between community rights and individual gender equality; balancing religious freedom with social reform
📌 Facts Corner — Knowledgepedia
Uniform Civil Code — Constitutional Basis:
- Article 44: DPSP directing State to secure UCC; Part IV of Constitution
- DPSPs: Not justiciable (Article 37) but fundamental in governance
- Personal law: Concurrent List, Entry 5, List III, Seventh Schedule
- Key cases: Shah Bano (1985), Sarla Mudgal (1995), Jose Paulo Coutinho (2019)
State-Level UCC Status:
- Uttarakhand: First state to legislatively enact UCC (February 2024); drafted by Justice Ranjana Desai committee
- Gujarat: Second state (March 26, 2026); drafted by Gujarat Law Commission
- Goa: Common civil code since 1961 (inherited from Portuguese Civil Code, 1867)
Gender Justice in Personal Laws:
- Triple talaq: Criminalised via Muslim Women (Protection of Rights on Marriage) Act, 2019
- Hindu Succession Amendment Act, 2005: Equal coparcenary rights for daughters
- Indian Divorce Act, 1869: Reformed but still contains community-specific provisions
- Special Marriage Act, 1954: Secular marriage option available to all citizens
Other Relevant Facts:
- AIMPLB: All India Muslim Personal Law Board (est. 1973, Lucknow)
- Article 25: Freedom of conscience and free profession, practice, and propagation of religion
- Article 14 + 15: Equality and non-discrimination — constitutional basis for UCC supporters
- India’s communities: 4,635+ ethnographic groups (Anthropological Survey of India, People of India project)
Sources: The Hindu, PRS India, Indian Express