Legislative Competence
Centre vs State on Personal Laws
Personal laws governing marriage, divorce, inheritance, and adoption fall under Entry 5 of List III (Concurrent List) of the Seventh Schedule. Both Parliament and state legislatures can legislate on this subject, but in case of conflict, a valid Central law prevails. Uttarakhand enacted the Uniform Civil Code (Uttarakhand) Act, 2024, becoming the first state to do so — demonstrating that states can legislate on UCC matters. However, the constitutional validity of a state-level UCC that displaces pre-existing Central personal law statutes (like the Hindu Marriage Act, 1955 or Muslim Personal Law (Shariat) Application Act, 1937) remains a live legal question.
- Entry 5, List III (Concurrent List): "Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition"
- Uttarakhand UCC Act, 2024: First state-level UCC; implementation rules still being framed
- Central personal laws include: Hindu Marriage Act, 1955; Hindu Succession Act, 1956; Muslim Personal Law (Shariat) Application Act, 1937; Indian Christian Marriage Act, 1872
- Article 25 and 26 guarantee freedom of religion and right to manage religious affairs — the primary constitutional challenge to UCC
● Tracked since April 10, 2026 · last seen August 09, 2026 · updates as the daily brief publishes