On May 26, 2026, the Assam Assembly passed the Common Civil Code, Assam/ 2026 Bill. Assam thus became the third Indian State after Uttarakhand and Gujarat to enact the Uniform Civil Code (UCC). Earlier the Goa Civil Code or Goa Family Law was India’s only State level UCC. However Goa’s Civil Code is not legislated but a continuation of the colonial era Portuguese Civil Code of 1867 governing marriage, divorce and inheritance irrespective of religion, caste or ethnicity which was retained when Goa was liberated in 1961. Hence presently only Uttarakhand, Gujarat and Assam State Assemblies have passed legislation making the UCC effective in their respective States.
The concept of a UCC in India is rooted in the Indian Constitution’s vision of legal uniformity in personal matters like marriage, inheritance, succession, adoption, divorce and maintenance irrespective of religion. Presently personal laws in India are largely governed by different personal laws based on religion. The four major religion based personal laws are Hindu Personal Law, Muslim Personal Law, Christian Personal Law and Parsi Personal Law. For other faiths like Sikhs, Jews, Jains, Buddhists etc. while there is no specific codified personal law, they have been conventionally governed by their own historical texts and customs which are recognized and adjudicated by the civil courts.
Similarly most Janjati communities, particularly those recognized as Schedule Tribes under the Sixth Schedule of the Constitution, are ruled by their own customary laws and traditions in personal matters on which civil courts have limited jurisdiction. However the framers of the Indian Constitution believed that over time the country should move towards equal civil laws while preserving religious freedom ensured under Articles 25 to 28 of the Constitution. The Constitutional directive regarding UCC in India is incorporated in Article 44 of the Constitution.
Article 44 contains the Directive Principles of State Policy (DPSP). In Article 44 the part relating to the UCC in the DPSP declares that “the State shall endeavor to secure for the citizens of India a Common Civil Code throughout the territory of India”. The Constitution also states that the DPSP are considered fundamental in governance, act as guiding principles for legislation and policy making but are not enforceable by courts. This means Parliament or State legislatures may enact UCC, but citizens cannot directly compel the government to implement UCC or stop its enactment through the courts.
Although Parliament and State legislatures have sovereign legislative powers within their constitutional fields, after enactment, UCC can be challenged in the court. Significantly, in several judgements the Supreme Court has repeatedly encouraged consideration of a UCC. Currently the Indian legal system is regulated by the Code of Civil Procedure (CPC) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, besides religion based personal laws. The CPC is a procedural law governing how civil courts handle non-criminal disputes on property, contracts, injunctions, recovery suits etc. The BNSS is India’s criminal procedures law which replaced the old Code of Criminal Procedure (CrPC) and deals with investigation, arrest, bail, trial and prosecution in criminal cases.
While the UCC is a proposed common set of personal laws prescribed for matters like marriage, divorce, succession, inheritance, adoption etc. irrespective of religion as envisioned in Article 44 of the Constitution. Put simply the CPC regulates civil judicial procedures, the BNSS deals with criminal justice and the UCC concerns substantive personal laws irrespective of religion. These are distinct legal frameworks serving different judicial purposes in the Indian legal system and do not infringe on the fundamental rights guaranteed by the Constitution.
Opposition to the Uniform Civil Code (UCC) in India is primarily based on concerns relating to religious freedom, cultural diversity and minority rights. Critics argue that personal laws governing matters such as marriage, divorce, inheritance and adoption form an integral part of the customs and traditions of various religious and Janjati communities. They contend that imposing a uniform set of civil laws may undermine the pluralistic character of Indian society and interfere with the constitutional right to religious freedom.
Minority communities are apprehensive that a UCC could dilute their distinct identities and encourage majoritarianism. Janjati groups fear the erosion of their customary laws and special constitutional protections. Traditionalists advocate that the State should not legislate on personal, cultural and spiritual matters. Rather community led reforms focusing on eliminating discriminatory practices would be more pragmatic and less disruptive. There are also practical difficulties of formulating a truly inclusive and acceptable UCC in a country as diverse as India because a balance between individual rights, equality and cultural autonomy must be maintained.
Nevertheless, the implementation of a UCC in India would be a significant step towards ensuring equality, justice, secularism and national integration. In a patriarchal society, one of its greatest benefits would be the promotion of gender justice, as it can remove discriminatory provisions that adversely affect women under certain personal laws. By replacing multiple often conflicting religion based personal laws with a single clear legal framework would simplify court procedures reducing confusion and litigation. A UCC applicable to all citizens irrespective of their religion will reinforce the secular principle that a State should not differentiate between individuals on religious basis while administering the law.
By emphasizing on citizenship rather than religious identity in personal rights and obligations UCC can strengthen the Constitutional ideals of equality, justice and national unity without interfering in religious beliefs and worship thereby upholding religious freedom and promoting a more cohesive, pluralistic and progressive society. The fears of Janjati communities about losing their identity, customs and traditions are unfounded as they enjoy Constitutional protection under the Sixth Schedule which provides Schedule Tribes status on the basis of geography, anthropology and ethnicity not religion.
It is noteworthy that thus far the experiences of Goa, Uttarakhand and Gujarat with the UCC has not produced demonstrable curbs on religious freedom or encouraged majoritarianism. The sanctity of the UCC rests on its adherence to equality, secularism, non-discrimination and upholding the fundamental rights guaranteed by the Constitution to all citizens.
