Towards One Nation, One Law: The Journey of the Uniform Civil Code in India

Abstract

India has long grappled with the question of whether a Uniform Civil Code should replace the patchwork of personal laws that govern its citizens differently based on their religion. This article explores the complex dimensions of the Uniform Civil Code (UCC), tracing its historical evolution and examining its constitutional significance within the framework of Article 44 of the Indian Constitution, which directs the State to endeavour to secure a UCC for all citizens. The UCC has remained one of India’s most debated yet unresolved constitutional promises since independence. This article discusses the current discourse surrounding the UCC in India, its implementation challenges, and the factors impeding its adoption. It examines the need for a common civil framework that transcends religious boundaries, analyzing the challenges posed by diverse personal laws, the role of the judiciary in advocating for the UCC, and its implications for gender justice and national unity. The article also examines the states that have successfully implemented the UCC and tracks the progress of this common law towards becoming a unified legal reality in India.

I. Introduction

The Uniform Civil Code, also known as “One Nation, One Law,” is defined in the Indian Constitution under Article 44[1] of the Directive Principles of State Policy, which states that it is the duty of the State to secure a Uniform Civil Code for the citizens throughout the country. It is a proposal to bring a common law replacing the personal laws that are based on religion, customs, and traditions. It covers topics like marriage, divorce, maintenance, inheritance, and adoption, which are currently governed by the respective personal laws for each religion. The idea of UCC is deeply rooted in the principles of equality,[2] secularism, and national integration.

At present, different religious communities in India are governed by their own personal laws, such as the Hindu personal law,[3] Muslim personal law,[4] and Christian personal law,[5] creating an unequal legal landscape for citizens of the same nation. The UCC seeks to bridge this gap by ensuring that every citizen, regardless of religion, is treated equally before the law.

II. Historical Background of the UCC

India has historically had a variety of personal laws relating to religion, customs, and traditions. During the British colonial period, limited attempts at unification were made through the Indian Succession Act, 1865 and the Indian Divorce Act, 1869. After independence, Article 44 of the Indian Constitution called for the creation of a UCC to advance gender equality and national unity, but it was never implemented. A noteworthy exception is Goa, along with Daman and Diu, which preserved a UCC inherited from Portuguese colonial rule, making it the only region in India with a functioning uniform civil law.

Over time, personal laws were gradually reformed with regard to gender equality, but a comprehensive national UCC remained elusive. The Supreme Court has supported the idea of a UCC on multiple occasions. Uttarakhand[6] became the first state in independent India to formally enact the UCC in 2024, followed by Gujarat,[7] marking a historical shift from constitutional aspiration to ground reality.

III. The Goa Civil Code

Goa stands as a unique and remarkable example in India’s legal landscape, being the only state in the country that successfully implemented a Uniform Civil Code long before the national debate gained momentum. Unlike the rest of India, Goa follows a common civil law applicable to all its residents regardless of their religion, caste, or community. Goa’s UCC has its roots in the Portuguese colonial era. When Goa was under Portuguese rule, the Portuguese Civil Code of 1867 was introduced and applied uniformly to all residents, governing matters of marriage, divorce, succession, and inheritance without any religious distinction. Even after Goa’s liberation and merger with India in 1961, the Indian government allowed Goa to retain its existing civil laws.[8]

Goa’s civil code provides equal inheritance rights to both men and women,[9] mandates compulsory registration of all marriages regardless of religion,[10] strictly prohibits polygamy[11] for all communities including Muslims, and ensures equal distribution of property among children regardless of gender.

The Supreme Court upheld the validity of the Portuguese Civil Code in Goa, held Goa as a shining example of successful UCC implementation, and expressed regret that despite Article 44, Parliament had taken no concrete steps towards enacting a national UCC.[12] Goa’s successful implementation of a UCC for over six decades proves that a uniform civil law is both legally feasible and practically workable in a diverse society.

IV. The Uttarakhand Model: A Practical Example

Uttarakhand made history by becoming the first state in independent India to formally enact the Uniform Civil Code in 2024.[13] This landmark decision marked a significant shift from constitutional aspiration to legislative reality, making Uttarakhand a pioneer in India’s journey towards a unified civil legal framework. The push for UCC in Uttarakhand gained momentum when the BJP government led by Chief Minister Pushkar Singh Dhami established an expert committee in 2022 to draft the UCC.[14] The committee was headed by retired Supreme Court Judge Justice Ranjana Prakash Desai, who submitted its report after extensive public consultations.[15] The Uttarakhand Uniform Civil Code Bill was subsequently passed by the State Assembly in February 2024.

Uttarakhand’s UCC introduced several progressive provisions applicable to all citizens regardless of religion:

1. Prohibition of Polygamy and Polyandry: Prohibited for all communities without exception.
2. Equal Inheritance Rights: Both sons and daughters are entitled to equal rights regardless of gender.
3. Mandatory Registration: Marriages, divorces, and live-in relationships must be compulsorily registered.
4. Uniform Age of Marriage: Fixed at 18 years for women and 21 years for men across all communities.
5. Equal Adoption Rights: Equal rights in adoption applicable to all citizens regardless of religion.

Uttarakhand’s UCC is significant for several reasons. It is the first instance in independent India where a state government has successfully drafted and enacted a comprehensive Uniform Civil Code, addressing long-standing issues of gender inequality and reflecting a modern and progressive approach to civil law. Uttarakhand’s successful enactment of the UCC sets a strong precedent for other states and the nation as a whole, demonstrating that political will combined with legal expertise can transform a long-pending constitutional directive into actionable legislation, inspiring states like Gujarat to follow suit.

V. The Gujarat Uniform Civil Code

Gujarat scripted history on March 24, 2026, when the Gujarat Legislative Assembly passed the Gujarat Uniform Civil Code Bill, 2026, through a majority voice vote following an extensive debate that lasted over seven hours. With this landmark achievement, Gujarat became the second state in India to formally enact a Uniform Civil Code, following Uttarakhand. The bill was introduced by Chief Minister Bhupendra Patel, who described it as a historic step toward equal justice and social harmony for every citizen of Gujarat regardless of their religion, caste, or community.

In early 2025, the State Government constituted a high-level expert committee to draft the UCC. This committee was chaired by retired Supreme Court Judge Justice Ranjana Prakash Desai, the same jurist who had earlier headed Uttarakhand’s UCC drafting committee. After extensive public consultations and research across the state, the committee submitted its final report to the State Government in March 2026, paving the way for the bill’s introduction and subsequent passage in the Assembly.[16]

Key Features of the Gujarat UCC:

1. Mandatory Marriage Registration: All marriages must be compulsorily registered within 60 days of solemnization, failing which a penalty of up to Rs. 10,000 shall be imposed.
2. Prohibition of Polygamy and Bigamy: Strictly prohibited for all communities without any exception, enforcing a one-spouse rule across all religions.
3. Equal Inheritance Rights: Sons and daughters are entitled to identical and equal rights over ancestral and family property without any gender discrimination.
4. Live-in Relationship Registration: Couples in live-in relationships are required to mandatorily register their relationship within 30 days, along with provisions for its legal termination.
5. Uniform Divorce Procedures: Standardized divorce procedures are applicable to all communities, strictly prohibiting extra-judicial divorce methods.
6. Exemption for Scheduled Tribes: The Code shall not apply to Scheduled Tribes and certain groups whose customary rights are constitutionally protected.

The Gujarat UCC draws its constitutional strength from Article 44[17] and Article 14.[18] The passage of the Gujarat UCC reflects a growing legislative will among Indian states to transform a long-pending constitutional directive into ground reality. Deputy Chief Minister Harsh Sanghavi aptly remarked that no citizen is above the law and no citizen is below it, embodying the true spirit of the UCC: Equal Gujarat, Empowered Gujarat.

VI. Landmark Judicial Pronouncements on UCC

The Supreme Court of India has, on several occasions, called for the enactment of a Uniform Civil Code while adjudicating matters of personal law. The following landmark judgments reflect the judiciary’s consistent position on the necessity of the UCC:

1. In Mohd. Ahmed Khan v. Shah Bano Begum,[19] the Supreme Court upheld the uniform applicability of Section 125 Cr.P.C. across all religions, holding that Muslim women are entitled to maintenance even after the iddat period. The Court recommended the introduction of a Uniform Civil Code. This judgment led to the passage of the Muslim Women’s (Right to Protection on Divorce) Act, 1986.

2. In Ms. Jordan Diengdeh v. S.S. Chopra,[20] the apex court held that the time had come for the introduction of a Uniform Civil Code, specifically in the context of the institution of marriage.

3. In Smt. Sarla Mudgal, President, Kalyani v. Union of India,[21] the Court ruled that converting to Islam and contracting a second marriage without dissolving the first amounts to bigamy punishable under Section 494 of the Indian Penal Code, 1860. The Court underlined the significance of a Uniform Civil Code in promoting gender justice and equality.

4. In John Vallamatton v. Union of India,[22] the Supreme Court struck down Section 118 of the Indian Succession Act, 1925 as unconstitutional and discriminatory toward Christians, holding that it violated Articles 14 and 15 of the Constitution, and reiterated the need for a Uniform Civil Code.

5. In Daniel Latifi v. Union of India,[23] the Supreme Court held that Muslim women are fully entitled to claim maintenance under Section 125 CrPC regardless of Muslim personal law, asserting that gender justice and equality are fundamental constitutional principles that cannot be overridden by personal laws.

6. In Shayara Bano v. Union of India,[24] the Supreme Court declared triple talaq unconstitutional, holding that it violates the fundamental rights of Muslim women. The judgment ignited widespread national discussions on the urgent need for a Uniform Civil Code.

VII. What Necessitates the Adoption of UCC in India?

The adoption of UCC is necessitated by several compelling legal, social, and constitutional reasons:

1. Gender Justice and Equal Rights: One of the most significant reasons necessitating the UCC is the need to ensure gender justice and equality.[25] The existing personal laws of various religious communities are often discriminatory toward women in matters of marriage, divorce, inheritance, and adoption. A UCC would ensure that women of all religions are treated equally and enjoy the same legal rights and protections, irrespective of their religion.

2. Constitutional Mandate: Article 44 of the Indian Constitution directs the State to endeavour to secure a Uniform Civil Code for all citizens throughout India. The inclusion of UCC under the Directive Principles reflects that it was always envisioned as an important constitutional goal, making its implementation not merely a political choice but a constitutional obligation.

3. National Integration and Secularism: India is a secular nation where every citizen is equal before the law regardless of their religion.[26] Freedom of religion cannot override constitutional principles of equality and justice. The existence of different personal laws for different communities creates legal inequality among citizens. A UCC would promote national integration by ensuring all citizens are governed by one common civil law, reinforcing the secular character of the Indian State.[27]

4. Elimination of Conflicting Personal Laws: The coexistence of multiple personal laws based on religion often leads to confusion and inconsistency. While Hindu personal law was reformed through the Hindu Code Bills in the 1950s, similar reforms were not extended to other religious communities, creating an unequal legal framework. A UCC would eliminate these conflicts by replacing all discriminatory personal laws with a single unified code.

5. Protection of Minority Women: The denial of equal rights to minority women under personal laws is a direct violation of their fundamental rights. A UCC would provide all such women with equal legal protection regardless of religion.[28]

VIII. Conclusion

The Uniform Civil Code is not merely a legal reform but a constitutional vision of an equal and unified India. While it promises to eliminate gender discrimination and bring uniformity in civil laws, its implementation demands careful deliberation, inclusive dialogue, and sensitivity toward India’s diverse religious and cultural fabric. It must not be perceived as a threat to religious identity but rather introduced gradually through consensus building across all communities. The UCC remains a potential instrument of gender justice, national integration, and social harmony, provided it is approached with constitutional integrity, political will, and unwavering commitment to equality.

References

[1] The Constitution of India, 1950, art. 44.
[2] The Constitution of India, 1950, art. 14.
[3] The Hindu Marriage Act, 1955; The Hindu Succession Act, 1956; The Hindu Adoptions and Maintenance Act, 1956.
[4] The Muslim Personal Law (Shariat) Application Act, 1937.
[5] The Indian Christian Marriage Act, 1872.
[6] The Uttarakhand Uniform Civil Code, 2024.
[7] The Gujarat Uniform Civil Code, 2026.
[8] The Goa, Daman and Diu Administration Act, 1962.
[9] Portuguese Civil Code, 1867, arts. 1098–1110.
[10] Portuguese Civil Code, 1867, arts. 1057–1060.
[11] Portuguese Civil Code, 1867, art. 1058.
[12] Jose Paulo Coutinho v. Maria Luiza Valentina Pereira, (2019) 9 SCC 85 : MANU/SC/1257/2019.
[13] The Uttarakhand Uniform Civil Code, 2024.
[14] Government of Uttarakhand, Expert Committee on UCC, 2022.
[15] Government of Uttarakhand, Report of the Expert Committee on UCC, 2024.
[16] Government of Gujarat, Report of the Expert Committee on UCC, 2026.
[17] The Constitution of India, 1950, art. 44 (Uniform Civil Code).
[18] The Constitution of India, 1950, art. 14 (Equality before Law).
[19] Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945 : (1985) 2 SCC 556 : MANU/SC/0194/1985.
[20] Ms. Jordan Diengdeh v. S.S. Chopra, AIR 1985 SC 935 : MANU/SC/0104/1985.
[21] Smt. Sarla Mudgal, President, Kalyani v. Union of India, AIR 1995 SC 1531 : (1995) 3 SCC 635 : MANU/SC/0290/1995.
[22] John Vallamatton v. Union of India, MANU/SC/0584/2003. 
[23] Daniel Latifi v. Union of India, MANU/SC/0595/2001. 
[24] Shayara Bano v. Union of India, AIR 2017 SC 4609 : (2017) 9 SCC 1 : MANU/SC/1031/2017.
[25] The Constitution of India, 1950, art. 15(1).
[26] The Constitution of India, 1950, art. 14.
[27] The Constitution of India, 1950, Preamble (India declared a Secular Republic). 
[28] The Constitution of India, 1950, art. 21.