West Bengal forms panel to draft UCC bill

The West Bengal government constituted a high-powered committee headed by retired Supreme Court Justice Ranjana Prakash Desai to prepare a draft Uniform Civi...

What Happened

The West Bengal government constituted a high-powered committee headed by retired Supreme Court Justice Ranjana Prakash Desai to prepare a draft Uniform Civil Code (UCC) Bill for the state.
The committee's other members include a retired IAS officer, a legal expert, an educationist, a social worker, and an Additional Secretary from the West Bengal General Administration Department.
The committee is expected to submit its recommendations within four weeks, after which the draft Bill will be placed before the state Cabinet for approval — reportedly at a Cabinet meeting on July 2, 2026.
The West Bengal government intends to introduce the UCC Bill during the extended Budget Session of the state Assembly in August 2026.
The proposed law would cover personal and family law matters — marriage, divorce, maintenance, inheritance, adoption, and live-in relationships — with a proposed exemption for Scheduled Castes and Scheduled Tribes.
The committee has been tasked with examining the constitutional aspects, social and legal implications, and administrative feasibility of a state-level UCC before making its recommendations.

Static Topic Bridges

Article 44 — Uniform Civil Code and Directive Principles of State Policy

Article 44 of the Indian Constitution states: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." It is contained in Part IV (Articles 36–51), which deals with Directive Principles of State Policy (DPSPs). DPSPs are non-justiciable — they cannot be directly enforced by a court — but Article 37 declares them "fundamental in the governance of the country" and directs the State to apply them in making laws.

Article 44 is classified as a socialist-type DPSP (aimed at social and economic welfare), though some scholars group it separately as a liberal-individualist directive.
The Supreme Court has repeatedly urged Parliament to enact a UCC — notably in Mohd. Ahmed Khan v. Shah Bano Begum (1985), Sarla Mudgal v. Union of India (1995), and John Vallamattom v. Union of India (2003).
Article 37 makes it explicit that DPSPs "shall not be enforceable by any court," distinguishing them from Fundamental Rights in Part III.
DPSPs must be read alongside Fundamental Rights; the Supreme Court in Minerva Mills (1980) held that harmony between FRs and DPSPs is part of the basic structure.

Connection to this news: West Bengal's proposed state-level UCC is a legislative attempt to implement Article 44's directive — a DPSP that has been pending at the national level for over 75 years. State-level enactment raises questions of legislative competence and the interplay with personal law statutes.

Legislative Competence — Can a State Enact UCC?

This is a constitutionally contested question. The relevant entries in the Seventh Schedule are:

Union List (List I), Entry 5: Marriage and divorce, infants and minors, adoption, wills and intestacy and succession, joint family and partition (all in the context of the jurisdictions of the courts to try matters).
Concurrent List (List III), Entry 5: Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.

Personal law subjects (marriage, divorce, inheritance, adoption) fall in the Concurrent List, meaning both Parliament and State Legislatures can legislate — but in the event of a conflict, Parliament's law prevails (Article 254).
Existing personal law statutes (Hindu Marriage Act 1955, Hindu Succession Act 1956, Muslim Personal Law [Shariat] Application Act 1937, Indian Christian Marriage Act 1872, etc.) are Central legislation. A state UCC would need to be consistent with these, or seek Presidential assent under Article 254(2) to override them in the state.
Uttarakhand became the first state to enact a UCC (Uniform Civil Code Uttarakhand Act, 2024) — covering marriage, divorce, live-in relationships, and inheritance under a single code. Presidential assent was granted in March 2024.
Goa operates a de facto UCC through the Portuguese Civil Code of 1867, which was retained at the time of Goa's accession to India in 1961.

Connection to this news: West Bengal's move follows Uttarakhand's precedent. The committee's mandate to study "constitutional aspects and administrative feasibility" directly addresses the Article 254 question — whether a state UCC can override central personal law statutes without Parliamentary override.

Personal Laws and Their Constitutional Interface

India's personal laws are religion-specific codes governing family matters for different communities: - Hindus (including Sikhs, Buddhists, Jains): Hindu Marriage Act (1955), Hindu Succession Act (1956), Hindu Minority and Guardianship Act (1956), Hindu Adoptions and Maintenance Act (1956) — collectively the "Hindu Code Bills." - Muslims: Muslim Personal Law (Shariat) Application Act, 1937; Dissolution of Muslim Marriages Act, 1939. - Christians: Indian Christian Marriage Act, 1872; Indian Divorce Act, 1869 (as amended). - Parsis: Parsi Marriage and Divorce Act, 1936. - All communities: Special Marriage Act, 1954 (secular, civil marriage option for any couple regardless of religion).

Article 25 (Freedom of Religion) and Article 26 (Freedom to Manage Religious Affairs) are invoked by communities arguing that personal law is part of religious practice and therefore constitutionally protected.
The Supreme Court in Shayara Bano v. Union of India (2017) struck down instant triple talaq (talaq-e-biddah) as unconstitutional (3:2 majority), on grounds of arbitrariness under Article 14 — not on the basis of Article 44.
Following the Shayara Bano judgment, Parliament enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019, criminalising instant triple talaq.

Connection to this news: West Bengal's proposed exemption for Scheduled Castes and Scheduled Tribes is constitutionally significant — tribal customary laws have protections under the Fifth and Sixth Schedules of the Constitution and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The exclusion of STs from UCC is consistent with the Uttarakhand precedent and reflects the constitutional sensitivity of tribal customary practices.

Fifth and Sixth Schedules — Tribal Customary Law Protections

The Fifth Schedule (Article 244(1)) provides for the administration and control of Scheduled Areas (non-north-east tribal regions), including the Governor's power to direct that Parliament's laws shall not apply or shall apply with modifications to Scheduled Areas. The Sixth Schedule (Article 244(2)) provides for autonomous district councils in tribal areas of northeast India (Assam, Meghalaya, Tripura, Mizoram), with the councils having legislative powers over customary law and social practices.

PESA (Panchayats [Extension to Scheduled Areas] Act, 1996) extends Panchayati Raj to Fifth Schedule areas while mandating that gram sabhas shall be consulted on customary law and dispute resolution.
The proposed exemption of STs from West Bengal's UCC would be consistent with these protections and parallels the Uttarakhand UCC which also exempted tribal communities.

Connection to this news: Any state-level UCC must navigate the constitutional guarantee of tribal customary law under the Fifth/Sixth Schedules. West Bengal has significant tribal populations (particularly in districts bordering Jharkhand and in the hills), making the exemption clause both constitutionally necessary and politically significant.

Key Facts & Data

West Bengal UCC committee chair: Justice Ranjana Prakash Desai (retired Supreme Court judge).
Committee mandate: recommend within four weeks; Bill to be introduced in Assembly in August 2026.
Scope of proposed Bill: marriage, divorce, maintenance, inheritance, adoption, live-in relationships.
Proposed exemption: Scheduled Castes and Scheduled Tribes.
Constitutional provision: Article 44 (DPSP, Part IV).
Subject placement: Concurrent List, Entry 5 (personal law) — both Parliament and State Legislature can legislate.
Uttarakhand UCC Act (2024): first state-level UCC enacted in India; Presidential assent March 2024.
Goa's UCC: based on Portuguese Civil Code, 1867 — in existence since accession (1961).
Landmark SC cases urging UCC: Shah Bano (1985), Sarla Mudgal (1995), John Vallamattom (2003).
Instant triple talaq criminalised by: Muslim Women (Protection of Rights on Marriage) Act, 2019.
Article 254(2): allows a state law to prevail over a central law on a Concurrent List subject if it receives Presidential assent.
Tribal law protections: Fifth Schedule (Article 244(1)), Sixth Schedule (Article 244(2)), PESA Act, 1996.