A Uniform Civil Code is a single set of personal laws on marriage, divorce, adoption, inheritance and succession that applies to all citizens regardless of religion. Article 44 of the Constitution directs the State to try to secure one. There is no national UCC yet. Uttarakhand's UCC came into force on 27 January 2025, and Gujarat's assembly passed a UCC Bill on 25 March 2026. Goa has had a common civil code since Portuguese rule.
India does not have one family law for everyone. Hindus, Sikhs, Jains and Buddhists follow codified Hindu laws, Muslims follow Muslim personal law as applied under the Shariat Application Act, 1937, Christians and Parsis have their own marriage and divorce statutes, and anyone can opt for the secular Special Marriage Act, 1954. A Uniform Civil Code (UCC) would replace this patchwork with a common set of rules on marriage, divorce, maintenance, adoption, inheritance and succession. This explainer covers what the Constitution says, what has happened in the states, and why the issue is contested.
What Article 44 says
Article 44 sits in Part IV of the Constitution among the Directive Principles of State Policy. It says the State shall endeavour to secure for citizens a uniform civil code throughout the territory of India. Like other Directive Principles, it cannot be enforced by a court. When the Constituent Assembly debated it in 1948, members such as Mohammad Ismail and Naziruddin Ahmad argued that personal law should not be changed without community consent, while B.R. Ambedkar and K.M. Munshi argued that a modern state should be able to regulate family law. The compromise was to put it in the Directive Principles rather than make it a Fundamental Right.
Current status at a glance
| Jurisdiction | Status |
|---|---|
| India (national) | No Uniform Civil Code. Personal laws continue by religion. |
| Goa | Common civil code derived from the Portuguese Civil Code of 1867, retained after 1961 |
| Uttarakhand | Uniform Civil Code, Uttarakhand, 2024 passed in February 2024 and in force from 27 January 2025 |
| Gujarat | Uniform Civil Code Bill, 2026 passed by the assembly on 25 March 2026 |
The Uttarakhand Uniform Civil Code
Uttarakhand became the first state after independence to enact a UCC. The law was drafted by an expert committee headed by retired Supreme Court judge Ranjana Prakash Desai. Its main features:
- Applies to all residents of the state and to Uttarakhand residents living outside it, except members of Scheduled Tribes, whose customary laws are protected.
- Bans polygamy. A marriage is valid only if neither party has a living spouse at the time.
- Keeps the minimum marriage age at 21 for men and 18 for women.
- Makes registration of marriages compulsory, with penalties for not registering.
- Requires couples in live-in relationships to register with the registrar, and gives children born of such relationships the status of legitimate children.
- Sets common grounds for divorce for all communities and bars practices like halala and iddat.
- Gives sons and daughters equal rights in inheritance and removes the distinction between ancestral and self-acquired property for succession.
The live-in registration requirement has been challenged in the Uttarakhand High Court on privacy grounds, and the rules have been revised since the law came into force.
Gujarat’s Uniform Civil Code Bill, 2026
On 25 March 2026 the Gujarat Legislative Assembly passed its Uniform Civil Code Bill after a long debate, making Gujarat the second state to legislate on the subject. The bill follows the Uttarakhand model in its broad outline. It sets a common framework for marriage, divorce, succession and live-in relationships across religions, requires live-in relationships to be registered and formally terminated, bans bigamy, and excludes Scheduled Tribes and groups with constitutionally protected customary rights. The ruling party presented it as delivering equality under Article 44. The Opposition said it violated the freedom of religion and targeted minorities.
Union Home Minister Amit Shah has publicly said that NDA-ruled states should bring in the UCC. Other states have discussed it, but no other state had passed a UCC law as of September 2026.
What the Supreme Court has said
- Mohd. Ahmed Khan v. Shah Bano Begum (1985): held that a divorced Muslim woman could claim maintenance under the Code of Criminal Procedure and regretted that Article 44 had remained a dead letter. Parliament later passed the Muslim Women (Protection of Rights on Divorce) Act, 1986.
- Sarla Mudgal v. Union of India (1995): held that a Hindu man could not convert to Islam simply to marry a second time, and again urged the government to consider a UCC.
- John Vallamattom v. Union of India (2003): struck down a provision of the Indian Succession Act that discriminated against Christians making charitable bequests, and repeated the call for a common code.
- Shayara Bano v. Union of India (2017): set aside instant triple talaq. Parliament then passed the Muslim Women (Protection of Rights on Marriage) Act, 2019, which makes it a criminal offence.
The court has also said that it cannot order Parliament to enact a UCC, because Article 44 is a directive for the legislature.
What the Law Commission said
The 21st Law Commission, in a 2018 consultation paper on family law reform, said a uniform civil code was neither necessary nor desirable at that stage and suggested reforming each personal law to remove discrimination instead. The 22nd Law Commission invited fresh public views in June 2023 and received a large number of responses, but had not issued a final report on the subject.
Arguments for a Uniform Civil Code
- Equality before law under Article 14 and gender justice, since several personal law rules treat women unequally.
- National integration through a shared civil law for all citizens.
- Simpler law, fewer conflicts between personal laws in inter-faith marriages and inheritance disputes.
- Separating religion from civil matters, which supporters see as part of secularism.
Arguments against
- Freedom of religion under Article 25 and the rights of minorities to preserve their culture under Article 29.
- India’s diversity: customs vary across regions and communities, including within Hindu communities, and tribal areas have constitutional protection under the Fifth and Sixth Schedules and Article 371.
- Fear that a uniform code would in practice impose majority customs on minorities.
- Concerns about privacy and state surveillance, especially over compulsory live-in registration.
What a national UCC would need
Marriage, divorce, adoption, succession and related matters are in the Concurrent List (Entry 5, List III), so both Parliament and state legislatures can make laws on them. A central UCC would be an ordinary law passed by Parliament, not a constitutional amendment, although it would face challenges under Articles 25 to 29. Where a central law and a state law conflict, Article 254 generally gives priority to the central law unless the state law received the President’s assent.
Related reading
Sources
- Constitution of India, Articles 25, 44 and 254 and List III (legislative.gov.in)
- Uniform Civil Code, Uttarakhand, 2024 and rules notified in January 2025
- Gujarat Legislative Assembly proceedings, 25 March 2026, and All India Radio report
- Law Commission of India, Consultation Paper on Reform of Family Law, 2018
Last updated: 23 September 2026.
Frequently asked questions
Which article of the Constitution deals with the Uniform Civil Code?
Article 44, in the Directive Principles of State Policy, says the State shall endeavour to secure a uniform civil code for citizens throughout India.
Which is the first state to implement the Uniform Civil Code?
Uttarakhand was the first state to enact a UCC after independence. It came into force on 27 January 2025. Goa already had a common civil code inherited from Portuguese rule.
Has Gujarat passed the Uniform Civil Code?
Yes. The Gujarat assembly passed the Uniform Civil Code Bill, 2026 on 25 March 2026, making it the second state to legislate a UCC after Uttarakhand.
Does the Uttarakhand UCC apply to Scheduled Tribes?
No. Members of Scheduled Tribes are excluded so that their customary laws continue to apply.
Is there a Uniform Civil Code for all of India?
No. As of September 2026 Parliament has not passed a national UCC, and personal laws continue to apply on the basis of religion.