What is the Uniform Civil Code debate? | Explained

For representative purposes | Photo Credit: Getty Images The story so far:Union Home Minister Amit Shah has indicated that the Uniform Civil Code (UCC) would be implemented in all 21 NDA-ruled States by 2029. Uttarakhand has had a UCC in force since January 2025, while UCC bills passed by the legislatures of Assam, Gujarat and Madhya Pradesh are awaiting Presidential assent.How are personal matters governed today?Article 44 of the Constitution provides that the State shall endeavour to secure a UCC for citizens throughout India. A UCC would apply the same set of secular personal laws to all people, irrespective of religion, caste, or tribe. India already has uniform criminal laws and common civil laws covering matters such as taxation, contracts, and negotiable instruments.However, in matters such as marriage, divorce, and inheritance of property, various religious communities in India follow personal laws that are based on their religious doctrines. Hindus are governed by laws such as the Hindu Marriage Act (1955) and the Hindu Succession Act (1956), while many tribals within the Hindu religion may follow customary family laws under constitutional exceptions. Jains, Buddhists and Sikhs are covered by Hindu laws. Sikh marriages can also be registered under the Anand Marriage Act (2012). Christians and Parsis have their own personal laws, while Muslims are governed by the Muslim Personal Law (Shariat) Application Act (1937).What are the pros and cons?The Constitution makers were divided over including a UCC in the Constitution. Some wanted it to be made a Fundamental Right to ensure uniformity in civil laws and secure equal rights for women. However, many members of the Muslim community were not in favour of including it in the Constitution as they felt that a uniform civil code would violate the fundamental right to religion that is guaranteed in Part III. Finally, the provision relating to UCC was placed in the non-justiciable Part IV – Directive Principles of State Policy.Also Read: UCC bulldozer is to permanently polarise society: CongressThere are several arguments over aspects of the UCC. The key arguments in its favour are, first, that it would make India secular in the true sense by subjecting all citizens to the same personal laws. The second and most vital argument is gender justice: a UCC would ensure equal rights for women across religions in matters governed by personal laws.The key arguments against UCC are as follows. First, there can be potential conflict between the provisions of the UCC and guaranteed fundamental rights. Article 25 of the Constitution guarantees every person a fundamental right to practise a religion of one’s choice. Article 29 provides a fundamental right to any section of citizens to conserve their distinct culture. The provisions of a UCC on personal matters may run contrary to scriptures and cultural doctrines in a religion. Second, the four States that have enacted UCC have exempted tribal population from its ambit. The reasons for such exemption are constitutional safeguards to protect tribal culture as well as the belief that many tribal customs in these matters provide adequate rights to women. However, exempting one section of society while making it compulsory for all other groups, including religious minorities, is discriminatory.What can be the way forward?The most important reason to reform civil laws is to ensure equal rights for women in matters of marriage, divorce, maintenance, and inheritance. The right to religion under Article 25 is subject to constitutional morality and other fundamental rights, including equality. In Section 6A of the Citizenship Act, 1955 (2024) case, the Supreme Court held that practices such as casteism and gender discrimination, which run against the spirit of the Constitution, would not receive protection under Article 29. Thus, reforms in personal laws should not be viewed as violating Articles 25 and 29, as they uphold women’s equality, an essential facet of constitutional morality.However, there is resistance to the UCC among minorities, particularly Muslims. In the Constituent Assembly, Dr. B.R. Ambedkar advocated a UCC but suggested that it could remain voluntary. He said Parliament could provide for the UCC to apply to citizens who declare they are willing to be bound by it.On the other hand, the Law Commission in its Consultation Paper on Reform of Family Law (2018) opined that a UCC was neither necessary nor desirable at this stage. It argued instead for reforming discriminatory provisions across personal laws. The emphasis should be on achieving ‘equality within communities’ between men and women rather than ‘equality between communities.’ The report recommends legislative reforms required in various personal laws with respect to marriage, divorce, custody, adoption, maintenance, succession and inheritance, that would ensure gender justice. The suggestions of the Law Commission should be considered while legislating and implementing reforms in personal laws.(Rangarajan R is a former IAS officer and author of ‘Courseware on Polity Simplified’. He currently trains at Officers IAS Academy. Views expressed are personal) Published - September 18, 2026 08:30 am IST