Ex-SC judge Ranjana Prakash Desai to lead UCC drafting panel in West Bengal: CM Suvendu
West Bengal Chief Minister Suvendu Adhikari announced that a draft Uniform Civil Code (UCC) Bill will be placed before the state cabinet on July 2, 2026, and...
What Happened
- West Bengal Chief Minister Suvendu Adhikari announced that a draft Uniform Civil Code (UCC) Bill will be placed before the state cabinet on July 2, 2026, and subsequently introduced in the state legislative assembly.
- A drafting panel headed by retired Supreme Court Justice Ranjana Prakash Desai has been constituted to prepare the legislation.
- The proposed UCC seeks to establish a common civil framework governing marriage, divorce, inheritance, and adoption applicable to all citizens in the state irrespective of religion.
- Tribal communities are explicitly excluded from the scope of the proposed law, in keeping with their constitutionally protected customary practices.
- West Bengal joins Uttarakhand (the first state to enact a UCC), Gujarat, and Assam in pursuing state-level uniform civil legislation; Justice Desai has also led drafting panels in Chhattisgarh and Rajasthan.
Static Topic Bridges
Uniform Civil Code — Constitutional Basis
A Uniform Civil Code (UCC) refers to a single secular set of laws governing personal matters — marriage, divorce, maintenance, inheritance, and adoption — applicable to all citizens regardless of their religion, caste, or community.
- Article 44 of the Constitution, under Part IV (Directive Principles of State Policy, Articles 36–51), directs: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."
- As a DPSP, Article 44 is non-justiciable — it cannot be enforced through courts — but Article 37 declares DPSPs "fundamental in the governance of the country."
- The Supreme Court has repeatedly urged Parliament and state governments to work towards implementing a UCC — notably in Shah Bano (1985), Sarla Mudgal (1995), and John Vallamattom (2003).
- Currently, personal law varies by religion: the Hindu Code Bills (1955–56) govern Hindus, Buddhists, Jains, and Sikhs; the Muslim Personal Law (Shariat) Application Act, 1937, applies to Muslims; and the Indian Christian Marriage Act, 1872, and the Parsi Marriage and Divorce Act, 1936, govern their respective communities.
Connection to this news: West Bengal's UCC bill operationalizes the directive in Article 44 at the state level, marking an active step beyond the aspirational constitutional mandate.
Legislative Competence — States and Personal Law
Personal laws fall under Entry 5 of List III (Concurrent List) of the Seventh Schedule to the Constitution, covering marriage, divorce, infants and minors, adoption, wills, intestacy, and succession.
- Under Article 246(2), both Parliament and State Legislatures have the power to make laws on Concurrent List subjects.
- In the event of a conflict between a state law and a central law on a Concurrent List subject, the central law prevails under Article 254(1) — unless the state law has received Presidential assent (Article 254(2)).
- This framework means states can legislate on UCC; the Uttarakhand Uniform Civil Code Act, 2024, was the first such exercise by a state.
Connection to this news: West Bengal's authority to draft and enact a UCC for the state is constitutionally grounded in Entry 5 of List III — the state does not need central permission, though Presidential assent may be sought to protect the law from central repugnancy.
Tribal Exclusion — Fifth and Sixth Schedule Protections
Tribal communities in India have constitutionally guaranteed protections for their customary practices, particularly regarding land, inheritance, and family law.
- The Fifth Schedule (Article 244(1)) provides for the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
- The Sixth Schedule (Article 244(2)) gives Tribal Councils in Assam, Meghalaya, Tripura, and Mizoram extensive autonomous powers including the authority to make laws on inheritance, marriage, divorce, and social customs.
- Tribal customary law on marriage, inheritance, and land rights often differs significantly from the mainstream personal law of any religion.
- UCC proposals across all states — Uttarakhand, Gujarat, Assam, and now West Bengal — have uniformly carved out tribal communities from the law's ambit, reflecting this constitutional sensitivity.
Connection to this news: West Bengal's explicit exclusion of tribal communities from its UCC aligns with the constitutional protection framework under the Fifth and Sixth Schedules, and with the broader political consensus across states undertaking UCC legislation.
Key Facts & Data
- Article 44 — the constitutional provision for UCC — is in Part IV (DPSPs); non-justiciable but "fundamental in the governance of the country" (Article 37)
- Entry 5, List III (Concurrent List), Seventh Schedule: marriage, divorce, succession — states are competent to legislate
- Uttarakhand became the first state to enact a UCC (Uttarakhand Uniform Civil Code Act, 2024)
- Justice Ranjana Prakash Desai: former Supreme Court judge; also heading UCC drafting panels for Chhattisgarh and Rajasthan
- West Bengal UCC draft to go before state cabinet: July 2, 2026
- Tribal communities — excluded from West Bengal UCC — enjoy protection under Fifth Schedule (Article 244(1)) and Sixth Schedule (Article 244(2))
- Key Supreme Court UCC-related judgments: Shah Bano v. Mohd. Ahmad Khan (1985), Sarla Mudgal v. Union of India (1995), John Vallamattom v. Union of India (2003)
- Muslim Personal Law (Shariat) Application Act: enacted in 1937
- The Hindu Code Bills were enacted as four separate laws in 1955–56: Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, Hindu Adoptions and Maintenance Act