GD TopicsUniform Civil Code in India

Uniform Civil Code in India

Uniform Civil Code GD topic: what Article 44 says, which states have passed a UCC, how personal laws differ today, points for and against, and how to open the GD.

IntermediateControversial topic 7 min read

A Uniform Civil Code, or UCC, is one common set of civil laws for all citizens. It covers family matters such as marriage, divorce, inheritance and adoption. Today these matters are governed mostly by personal laws, which differ by religion. The topic asks whether India should replace those religion-based laws with one law for everyone.

It is in the news because states have started to pass their own codes. Uttarakhand's law came into force on 27 January 2025, and the Gujarat Assembly passed its Bill on 24 March 2026. Assam's Assembly passed one on 29 May 2026. Petitions against the Uttarakhand law are already before the state's High Court.

Background

Article 44 of the Constitution says the State shall try to secure a uniform civil code for citizens throughout India. It is a Directive Principle, which means it guides the State but courts cannot enforce it. Marriage, divorce and succession are on the Concurrent List, so both Parliament and state legislatures can make laws on them.

Today a Hindu marriage falls under the Hindu Marriage Act 1955, and a Muslim marriage under Muslim personal law as applied by the Shariat Act of 1937. Christians and Parsis have their own marriage laws, and the Special Marriage Act 1954 offers a civil marriage to anyone. The Supreme Court has pushed the question several times. In Shah Bano (1985) it said Article 44 had remained a "dead letter", and in Sarla Mudgal (1995) it asked the government to consider a code.

Goa is the one state that already has a common family law, based on the Portuguese Civil Code of 1867. The 21st Law Commission took a different view in August 2018. It said a uniform civil code is "neither necessary nor desirable at this stage", and that the better path is to remove discrimination inside each personal law. The 22nd Law Commission asked the public for views in June 2023, and nearly 46 lakh responses came in by 10 July 2023.

Uttarakhand's Act sets a marriage age of 21 for men and 18 for women, and it requires marriage registration. It bans polygamy and gives sons and daughters equal inheritance rights. Live-in couples must register, and Scheduled Tribes are exempt. By 15 January 2026, the state had received nearly 5 lakh applications under the Act, but only 156 for live-in registration. The widget below shows how many different laws a citizen can face today for each subject.

Points in favour

  • It gives equal rights under one law. Shah Bano (1985) was about maintenance for a divorced Muslim woman, and Shayara Bano (2017) was about instant triple talaq. In both, supporters say, a woman's rights depended on her personal law. A common code would apply the same rules to everyone.
  • It fits Article 44. The Constitution asks the State to try for a common code. Supporters say that after more than seven decades, the effort should become law.
  • It simplifies the legal system. Courts now apply several sets of family law. One code would mean fewer conflicting rules and fewer disputes over which law applies.
  • It can remove practices that courts have already questioned. In Sarla Mudgal (1995), the Supreme Court dealt with men converting to take a second marriage. A common code on polygamy would close that route.
  • Goa shows it can work. The Supreme Court called Goa "a shining example" of a state with a uniform civil code in 2019. Supporters point to it as proof that one law can run across communities.

Points against

  • It may reduce religious freedom. Critics say that personal laws are part of how communities practise their faith, which Article 25 protects. They argue that a code written by the majority could override minority customs.
  • The 2018 Law Commission advised against it for now. It said a uniform code is "neither necessary nor desirable at this stage", and that reforming each personal law is the better route. So the commission itself saw a different path.
  • India's diversity is hard to fit in one code. Scheduled Tribes are exempt in Uttarakhand, Gujarat and Assam, and the Constitution protects tribal customs in places such as Nagaland and Mizoram. So the code is not fully uniform, which critics say shows how difficult a single law is.
  • Some provisions raise privacy questions. Live-in registration with penalties for not registering has been challenged in the Uttarakhand High Court under Article 21. The state's own figures show only 156 live-in applications in the first year.
  • State-by-state codes may not be uniform at all. Each state writes its own version, so a family may find the rules change when they cross a state border. Critics ask whether this is a uniform code or several.

Opening the discussion

You can open with the constitutional text. "Article 44 asks the State to try for a uniform civil code. So the idea is in the Constitution, and the question is how and when." This works when you want a neutral and factual start.

You can open with the current picture. "Today a marriage in India can fall under five different laws. It depends on the couple's religion, or on a choice of the Special Marriage Act." This works when the group is arguing in slogans, because it moves them to facts.

You can open with a question to the group. "Goa has had a common family law for a long time. What can it teach the rest of the country?" This works when you want to bring in an example that both sides can use.

Concluding the discussion

A good conclusion names the strongest point on each side and does not take a side on religion or on any party. It then says what process could make a code acceptable.

"We heard that a common code could give equal rights and simplify the law. We also heard that it must respect religious freedom, tribal customs and privacy. Both sides want fair treatment for all, so the question is how to get there. That needs wide consultation, and courts must be able to test each law."

Facts worth quoting

FactFigureSource and year
Directive Principle on a UCCArticle 44Constitution of India
Supreme Court on Article 44 in Shah Bano"dead letter"Supreme Court, 1985
Law Commission view on a UCC"Neither necessary nor desirable at this stage"21st Law Commission, 2018
Responses to the 22nd Law CommissionNearly 46 lakhTribune, July 2023
Uttarakhand UCC in force27 January 2025Uttarakhand government, 2025
Gujarat UCC Bill passed by the Assembly24 March 2026NewsOnAir, 2026
Assam UCC Bill passed by the Assembly29 May 2026Assam Assembly, 2026
Live-in applications in Uttarakhand's first year156ETV Bharat, January 2026

Mistakes to avoid

  • Treating the UCC as a national law. There is no central UCC today. Uttarakhand has one in force, Gujarat and Assam have passed Bills, and Goa has its older code.
  • Saying the Law Commission rejected the idea for ever. The 2018 paper said "at this stage". The 22nd Law Commission restarted the consultation in 2023, so say which commission you mean.
  • Making it a religion debate or a party debate. The panel wants to see that you can discuss rights, law and process. Keep to the facts and avoid naming parties or communities as the problem.
  • Forgetting the exemptions. Scheduled Tribes are outside the state codes. If you say "everyone", the panel may ask you about them.

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