Why Amit Shah's 2029 UCC push is going through states, not Parliament

Polity and Governance · 15 September 2026 · Based on Indian Express (original report)

2-minute summary

The Union government is shifting its strategy to implement the Uniform Civil Code (UCC) by 2029 through state-level legislations rather than a single central act. This approach leverages Entry 5 of the Concurrent List, which grants both Parliament and state legislatures competence over personal laws (marriage, divorce, succession, and adoption). Four BJP-ruled states—Uttarakhand (implemented in January 2025), Gujarat (passed March 2026), Assam (passed May 2026), and Madhya Pradesh (passed July 2026)—have already enacted UCC laws. While these state codes share common features like prohibiting polygamy and mandating the registration of live-in relationships, they also exempt Scheduled Tribes to protect customary practices. This decentralized strategy allows the ruling party to test legal models and navigate regional diversity, particularly tribal customs, while keeping the ideological goal of UCC active. However, it faces opposition from critics who question its impact on minority rights and call for wider consensus.

Why it's in the news

Union Home Minister Amit Shah announced that the Uniform Civil Code (UCC) will be implemented across all 21 BJP-NDA ruled states before the 2029 Lok Sabha elections, signaling a coordinated state-by-state legislative push rather than a central parliamentary law.

Background and context

The debate over a Uniform Civil Code (UCC) dates back to the Constituent Assembly, where a lack of consensus led to its placement under Article 44 of the Directive Principles of State Policy (DPSP) rather than Fundamental Rights. While Goa retained its Portuguese-era Common Civil Code, no other state had a UCC until Uttarakhand implemented its code in January 2025. Historically, the Law Commission of India has played a pivotal role in this debate. In 2018, the 21st Law Commission issued a consultation paper stating that a UCC was 'neither necessary nor desirable at this stage', urging instead for reforms within individual personal laws to address gender discrimination. However, the 22nd Law Commission reopened the public consultation in 2023, reviving the national discourse.

Constitutional provisions

Article 44 — Directive Principle of State Policy (DPSP) directing the State to endeavour to secure a Uniform Civil Code for citizens throughout India.
Article 37 — Declares that DPSPs are fundamental in the governance of the country but are non-justiciable (not enforceable by any court).
Seventh Schedule (Concurrent List - Entry 5) — Grants concurrent legislative power to both the Union and State governments over marriage, divorce, infants, minors, adoption, wills, intestacy, succession, and joint family matters.
Article 25-28 — Guarantees freedom of conscience and free profession, practice, and propagation of religion, which is often cited in legal challenges against a mandatory UCC.

Committees and reports

21st Law Commission of India (Consultation Paper on Reform of Family Law) — Concluded that a UCC is 'neither necessary nor desirable at this stage' and recommended focusing on gender equality within existing personal laws.
22nd Law Commission of India — Reopened the consultation process to solicit fresh views on the UCC from the public and recognized religious organizations.

Mains practice: Analyze the constitutional and federal implications of implementing the Uniform Civil Code (UCC) through state-level legislations instead of a centralized parliamentary act.

The implementation of the Uniform Civil Code (UCC) through state-level legislations (as seen in Uttarakhand, Gujarat, Assam, and Madhya Pradesh) represents a significant shift in India's legislative approach to personal laws. This strategy carries distinct constitutional and federal implications.

• **Constitutional Validity under the Concurrent List**: Under Entry 5 of the Concurrent List (Seventh Schedule), both Parliament and State Assemblies have the power to legislate on marriage, divorce, succession, and adoption. Therefore, state-level UCCs are constitutionally valid, provided they receive Presidential assent under Article 254(2) if they conflict with existing central laws.

• **Challenge to the Concept of 'Uniformity'**: Article 44 directs the State to secure a uniform civil code 'throughout the territory of India'. A state-by-state approach risks creating a fragmented legal landscape where rights (such as live-in relationship rules or inheritance shares) vary across state borders, diluting the constitutional vision of national uniformity.

• **Federal Experimentation vs. Legal Conflict**: On one hand, the state route acts as a laboratory for federalism, allowing states to tailor laws to local contexts and exempt Scheduled Tribes to protect customary practices. On the other hand, it creates inter-state legal conflicts regarding jurisdiction and applicability when citizens migrate or hold property across different states.

• **Judicial Scrutiny and Fundamental Rights**: State-level codes must withstand judicial review regarding whether they infringe upon religious freedom (Articles 25-28) or right to privacy (Article 21), particularly concerning the mandatory registration of live-in relationships.

In conclusion, while the state-by-state route respects regional diversity and bypasses immediate parliamentary deadlock, a truly uniform civil code requires a harmonious national consensus that balances gender justice with India's multicultural fabric.

Prelims practice questions

Q1. With reference to the legislative powers regarding personal laws in India, which of the following statements is/are correct? 1. Marriage, divorce, and succession fall under the Union List of the Seventh Schedule. 2. Both the Parliament and State Legislatures have the competence to make laws on personal matters. Select the correct answer using the code given below:

1 only
2 only
Both 1 and 2
Neither 1 nor 2

Answer: B. Personal laws, including marriage, divorce, adoption, wills, and succession, fall under Entry 5 of the Concurrent List (List III) of the Seventh Schedule. This gives legislative competence to both the Parliament and State Legislatures.

Q2. Consider the following statements regarding the Uniform Civil Code (UCC) in India: 1. Article 44 of the Constitution mandates the state to secure a UCC, and it is legally enforceable by the Supreme Court. 2. The state-level UCC laws passed by Uttarakhand and Assam explicitly exempt Scheduled Tribes from their purview. Which of the statements given above is/are correct?

1 only
2 only
Both 1 and 2
Neither 1 nor 2

Answer: B. Statement 1 is incorrect because Article 44 is a Directive Principle of State Policy (DPSP) which, under Article 37, is non-justiciable and cannot be enforced by any court. Statement 2 is correct; the state UCC legislations of Uttarakhand and Assam explicitly exempt Scheduled Tribes to protect their customary rights.

Q3. The 21st Law Commission of India, in its 2018 Consultation Paper on Reform of Family Law, expressed which of the following views on the Uniform Civil Code?

It recommended that the Union government should have exclusive jurisdiction over personal laws.
It suggested that personal laws should be completely abolished.
It stated that a UCC is neither necessary nor desirable at this stage.
It recommended the immediate enactment of a central UCC by Parliament.

Answer: C. The 21st Law Commission of India, in its 2018 Consultation Paper, stated that a Uniform Civil Code is 'neither necessary nor desirable at this stage' and instead suggested reforming discriminatory provisions within existing personal laws.

Revision flashcards

Which entry of the Seventh Schedule deals with personal laws like marriage, divorce, and succession? Entry 5 of the Concurrent List (List III), which allows both the Parliament and State Legislatures to pass laws on these subjects.
What was the landmark observation of the 21st Law Commission (2018) regarding the necessity of a UCC? It stated that a Uniform Civil Code is 'neither necessary nor desirable at this stage', recommending instead the reform of discriminatory practices within existing personal laws.
Which Indian state became the first to implement a modern Uniform Civil Code post-independence, and when did it come into force? Uttarakhand, which implemented its Uniform Civil Code in January 2025.
How do the state-level UCC laws of Uttarakhand, Gujarat, Assam, and Madhya Pradesh handle Scheduled Tribes (STs)? They explicitly exclude/exempt Scheduled Tribes from the application of the code to protect their constitutional customary rights.
What unique regulatory provision regarding modern relationships is common to the UCCs of Uttarakhand, Gujarat, Assam, and Madhya Pradesh? They all mandate the compulsory registration of live-in relationships and their termination.