In India, matters like marriage, divorce, inheritance and adoption are largely governed by personal laws that differ by religion. A Uniform Civil Code (UCC) means one common set of civil laws for all citizens on these matters. Article 44 of the Constitution asks the State to try to secure such a code. In recent years, several States have passed their own UCC laws, so the topic is important for exams. This post explains it in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- Article 44: the State shall endeavour to secure a uniform civil code for citizens throughout India.
- It is a Directive Principle (Part IV), so it is not enforceable in court.
- Goa has long followed a common civil code based on the Portuguese Civil Code of 1867.
- Uttarakhand became the first State after independence to bring a UCC into force, on 27 January 2025.
- Marriage, divorce and succession are in the Concurrent List (Entry 5), so both Parliament and States can make laws.
1. What is a Uniform Civil Code?
Laws in India are of two broad types:
| Type | Examples | Same for all? |
|---|---|---|
| Criminal law | Bharatiya Nyaya Sanhita (earlier IPC) | Yes, for everyone |
| Civil law - contracts, property, evidence | Contract Act, Transfer of Property Act | Yes, mostly |
| Personal law - family matters | Marriage, divorce, inheritance, adoption, maintenance | No, differs by religion |
A UCC would replace the different personal laws with one common family law for all citizens, whatever their religion.
2. Article 44 and the Constitution
- Article 44 is in Part IV (Directive Principles of State Policy).
- Under Article 37, Directive Principles are not enforceable by courts, but are fundamental in governance.
- Articles 25-28 give freedom of religion, while Articles 14 and 15 give equality. The UCC debate is about balancing these.
- Marriage, divorce, adoption, wills and succession are in Entry 5 of the Concurrent List. If a State law conflicts with a central law, it needs the President's assent to prevail in that State (Article 254(2)).
In the Constituent Assembly, the clause (then draft Article 35) was supported by members like K.M. Munshi, Alladi Krishnaswamy Ayyar and B.R. Ambedkar, while some members wanted personal laws protected. It was finally kept as a directive, not a right.
3. Personal laws in India today
| Law | Year | Applies to |
|---|---|---|
| Indian Christian Marriage Act | 1872 | Christians |
| Parsi Marriage and Divorce Act | 1936 | Parsis |
| Muslim Personal Law (Shariat) Application Act | 1937 | Muslims |
| Special Marriage Act | 1954 | Any two persons, for a civil marriage regardless of religion |
| Hindu Marriage Act | 1955 | Hindus, Buddhists, Jains and Sikhs |
| Hindu Succession Act | 1956 | Same groups; amended in 2005 to give daughters equal rights in ancestral property |
The Hindu laws of 1955-56, called the Hindu Code Bills, reformed and codified Hindu personal law.
4. Important court cases
| Case | Year | Key point |
|---|---|---|
| Shah Bano case | 1985 | A divorced Muslim woman can claim maintenance under the general criminal procedure law; the Court regretted that Article 44 had remained a dead letter |
| Sarla Mudgal case | 1995 | Converting religion only to marry again does not end the first marriage; the Court urged a UCC |
| Shayara Bano case | 2017 | Instant triple talaq (talaq-e-biddat) held unconstitutional by a 3:2 majority |
| Jose Paulo Coutinho case | 2019 | The Court called Goa a shining example of a uniform civil code |
After the Shah Bano case, Parliament passed the Muslim Women (Protection of Rights on Divorce) Act, 1986. After the Shayara Bano case, the Muslim Women (Protection of Rights on Marriage) Act, 2019 made instant triple talaq an offence.
5. Goa, Uttarakhand and other States
- Goa follows a common civil code based on the Portuguese Civil Code of 1867, which continued after Goa joined India in 1961.
- Uttarakhand passed its UCC law in February 2024; it came into force on 27 January 2025. It requires registration of marriages and live-in relationships, bans polygamy, gives equal inheritance to sons and daughters, and excludes Scheduled Tribes.
- In 2026, the Assemblies of Gujarat, Assam and Madhya Pradesh also passed UCC Bills, as reported. Check the current status of assent and notification for each State.
6. Law Commission views
- The 21st Law Commission, in a 2018 consultation paper, said a UCC was "neither necessary nor desirable" at that stage and suggested reforming existing personal laws instead.
- The 22nd Law Commission invited fresh public views on UCC in June 2023.
7. Arguments for and against
| For a UCC | Concerns about a UCC |
|---|---|
| Gender justice - equal rights for women in marriage and property | May affect religious freedom and cultural identity |
| Equality before law for all citizens | India's diversity of customs, including tribal customs |
| Simpler laws and fewer legal conflicts | Special protections such as Article 371A (Nagaland) and 371G (Mizoram) for customary law |
| Supports national integration | Needs wide consultation and consensus |
Whatever path is chosen, gender equality within family law is widely seen as the central goal.
8. Previous year questions
- Which Article of the Constitution deals with a Uniform Civil Code? – Article 44
- In which Part of the Constitution is Article 44? – Part IV (Directive Principles)
- Are Directive Principles enforceable in court? – No (Article 37)
- Which State has long had a common civil code based on Portuguese law? – Goa
- In which year was the Portuguese Civil Code followed in Goa enacted? – 1867
- Which State was the first after independence to bring a UCC into force? – Uttarakhand
- When did the Uttarakhand UCC come into force? – 27 January 2025
- Which group is excluded from the Uttarakhand UCC? – Scheduled Tribes
- Marriage and divorce fall in which list? – Concurrent List (Entry 5)
- Which Act allows civil marriage regardless of religion? – Special Marriage Act, 1954
- In which year was the Shah Bano judgment given? – 1985
- Which 1995 case dealt with conversion for a second marriage? – Sarla Mudgal case
- Which case held instant triple talaq unconstitutional? – Shayara Bano case (2017)
- Which Law Commission said a UCC was neither necessary nor desirable at that stage? – 21st Law Commission (2018)
- In which year were daughters given equal rights in Hindu ancestral property? – 2005
9. How to revise this topic
Start with the Constitution: Article 44 in Part IV, not enforceable (Article 37); Concurrent List Entry 5; Article 254(2) for State laws.
Next, learn the personal laws: Shariat Act 1937, Special Marriage Act 1954, Hindu Code Bills 1955-56, Hindu Succession amendment 2005.
Then fix the cases: Shah Bano 1985, Sarla Mudgal 1995, Shayara Bano 2017, Jose Paulo Coutinho 2019 (Goa).
Finally, remember the States: Goa (1867 code), Uttarakhand in force 27 January 2025 (Scheduled Tribes excluded), Gujarat, Assam and MP Bills in 2026; 21st Law Commission 2018 view.
10. Frequently Asked Questions
What is the Uniform Civil Code?
A Uniform Civil Code means one common set of laws on marriage, divorce, inheritance, adoption and maintenance for all citizens, instead of separate personal laws based on religion.
Which Article of the Constitution mentions the UCC?
Article 44, a Directive Principle in Part IV, says the State shall endeavour to secure a uniform civil code for citizens throughout India.
Which State first implemented a UCC after independence?
Uttarakhand. Its UCC law was passed in 2024 and came into force on 27 January 2025.
Does Goa have a Uniform Civil Code?
Yes. Goa follows a common civil code based on the Portuguese Civil Code of 1867, which continued after Goa became part of India in 1961.
Can States make their own UCC?
Yes. Family law matters are in the Concurrent List, so States can make such laws. Where a State law conflicts with a central law, it needs the President's assent under Article 254(2).
For more Polity topics in simple language, see our Directive Principles, Fundamental Rights and Right to Privacy posts, or browse the Polity section. Preparing for civil services? Start with the UPSC Civil Services guide or join the 100 Hour GS Course.