Rajasthan Cabinet clears draft Uniform Civil Code Bill with regulations on live-in relations
2-minute summary
The Rajasthan Cabinet approved the draft Uniform Civil Code (UCC) Bill, making it the fifth state to initiate a state-level UCC framework. The Bill seeks to create uniform rules across marriage, divorce, succession, and live-in relationships, based on the framework recommended by the Justice Ranjana Prakash Desai Committee. Key features include mandatory registration of marriages within 60 days, prohibition of polygamy, and mandatory registration of both the commencement and termination of live-in relationships to safeguard the rights of partners. Importantly, Scheduled Tribes and groups with Constitutionally protected customary rights are exempted from the Bill's purview. The proposed legislation grants equal inheritance rights to sons and daughters and legally recognises an unborn child's right to property. Additionally, the Cabinet cleared the Rajasthan Trees (Protection) Bill, 2026, to protect 29 key native tree species such as Khejri and Rohida from unauthorised felling on non-forest land.
Why it's in the news
The Rajasthan Cabinet approved the draft Uniform Civil Code (UCC) Bill, introducing uniform provisions for marriage, divorce, inheritance, and the regulation of live-in relationships. The Cabinet simultaneously approved the Rajasthan Trees (Protection) Bill to conserve native flora, including the state tree Khejri.
Background and context
The Uniform Civil Code is envisioned under Article 44 of the Directive Principles of State Policy (DPSP) in Part IV of the Indian Constitution, which mandates that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India. Personal laws in India currently vary across religious communities, governing matters like marriage, divorce, maintenance, and succession under distinct statutes and customary traditions. The debate over UCC has seen extensive deliberation, ranging from Constituent Assembly debates to landmark judicial pronouncements such as Shah Bano (1985) and Sarla Mudgal (1995). States have progressively pursued state-level UCC legislation, starting with Uttarakhand, drawing heavily on models drafted under expert legal committees.
Constitutional provisions
- Article 44 — Directs the State to endeavour to secure a Uniform Civil Code for all citizens throughout the territory of India.
- Article 25 — Guarantees freedom of conscience and free profession, practice, and propagation of religion, subject to public order, morality, and health.
- Article 21 — Protects the right to life and personal liberty, frequently invoked in discussions around bodily autonomy, privacy, and live-in relationships.
- Seventh Schedule (Concurrent List, Entry 5) — Covers marriage and divorce, infants and minors, adoption, wills, intestacy, and succession, allowing both Parliament and State Legislatures to legislate.
Committees and reports
- Justice Ranjana Prakash Desai Committee — Expert committee whose draft recommendations formed the model template for state-level UCC frameworks across various states.
- Law Commission of India (21st Law Commission Consultation Paper) — Observed that a Uniform Civil Code was 'neither necessary nor desirable at this stage' and advocated for reforming discriminatory personal laws internally.
Mains practice: State-level enactment of Uniform Civil Codes highlights the interplay between personal laws and federalism. Critically analyse the constitutional and social dimensions of state-level UCC legislations.
The adoption of state-specific Uniform Civil Code (UCC) Bills by various states brings Article 44 into active statutory realisation, invoking key constitutional and social debates.
• Constitutional and Federal Dimensions:
- Legislative Competence: Entry 5 of the Concurrent List (List III) covers marriage, divorce, succession, and personal laws, empowering state legislatures to enact UCC laws subject to Presidential assent under Article 254(2).
- Inter-State Variations: Individual state-level UCCs could lead to legal fragmentation, where civil status, inheritance, or live-in rights vary across state boundaries, challenging the concept of a 'uniform' code across the territory of India.
- Fundamental Rights vs. DPSPs: Reconciling religious freedom under Article 25 with gender equality (Article 14) and personal liberty (Article 21) remains an intricate judicial balance.
• Social and Rights-Based Dimensions:
- Gender Justice & Equality: Standardising succession and inheritance ensures equal coparcenary rights for women and unborn children, eliminating discriminatory personal law tenets.
- Regulation of Live-in Relationships: Mandatory registration protects maintenance and civil claims of vulnerable partners, but raises concerns regarding state intrusion into personal autonomy and privacy.
- Protection of Indigenous Traditions: Exempting Scheduled Tribes preserves protected tribal customs under Schedule V and constitutional safeguards.
Conclusion:
While state-level UCC initiatives pioneer progressive gender parity in civil matters, achieving a harmonious balance between individual liberty, cultural pluralism, and legal consistency across India remains vital for enduring social cohesion.
Prelims practice questions
Q1. Under which entry of the Seventh Schedule of the Indian Constitution do 'Marriage and divorce; infants and minors; adoption; wills, intestacy and succession' fall?
- Union List (List I), Entry 14
- State List (List II), Entry 12
- Residuary Powers under Article 248
- Concurrent List (List III), Entry 5
Answer: D. Entry 5 of the Concurrent List (List III) in the Seventh Schedule deals with marriage, divorce, infants and minors, adoption, wills, intestacy, and succession, allowing both Parliament and State legislatures to frame laws on these subjects.
Q2. Which of the following is the state tree of Rajasthan, recently protected under the Rajasthan Trees (Protection) Bill, 2026?
- Prosopis cineraria (Khejri)
- Tecomella undulata (Rohida)
- Ficus religiosa (Peepal)
- Madhuca longifolia (Mahua)
Answer: A. Prosopis cineraria, locally known as Khejri, is the state tree of Rajasthan. Tecomella undulata (Rohida) is the state flower.
Q3. With reference to the Directive Principles of State Policy in the Indian Constitution, Article 44 pertains to which of the following?
- Organisation of village panchayats
- Uniform Civil Code for the citizens
- Separation of judiciary from the executive
- Promotion of international peace and security
Answer: B. Article 44 of the Constitution provides that 'The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.'
Revision flashcards
- Which constitutional entry empowers both the Union and States to legislate on marriage and succession? Entry 5 of the Concurrent List (List III) in the Seventh Schedule of the Indian Constitution.
- What does Article 44 of the Indian Constitution state? It directs the State to endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.
- Which expert committee's recommendations served as the blueprint for recent state-level UCC bills? The expert committee headed by retired Supreme Court Justice Ranjana Prakash Desai.
- What is the scientific name and state symbol status of the Khejri tree? Scientific name: Prosopis cineraria; it is the official State Tree of Rajasthan.
- Are Scheduled Tribes included under the provisions of the draft Rajasthan UCC Bill? No, Scheduled Tribes and classes with Constitutionally protected customary rights are explicitly exempted.