West Bengal govt. to introduce Uniform Civil Code Bill soon

The West Bengal government announced plans to introduce a Uniform Civil Code (UCC) Bill, constituting a committee headed by retired Supreme Court Justice Ran...

What Happened

The West Bengal government announced plans to introduce a Uniform Civil Code (UCC) Bill, constituting a committee headed by retired Supreme Court Justice Ranjana Prakash Desai to study the state's family laws and submit a report within four weeks.
The committee also includes a retired IAS officer, a legal expert, an educationist, a social worker, and an additional secretary from the state government's General Administration Department.
Tribal communities, as well as indigenous, Kurmi, and other recognised ancient ethnic communities in West Bengal, are to be excluded from the scope of the UCC.
The draft UCC Bill is expected to be placed before the state cabinet on July 2, 2026, with tabling in the state Assembly planned for the August 2026 session.
The state intends to mirror frameworks adopted in Gujarat, Uttarakhand, and Assam in implementing the UCC at the state level.

Static Topic Bridges

Article 44 and the Uniform Civil Code: Constitutional Framework

Article 44 of the Indian Constitution, contained in Part IV (Directive Principles of State Policy), directs the State to "endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India." The Directive Principles are borrowed from the Irish Constitution of 1937; they are fundamental to governance but are not legally enforceable or justiciable in a court of law. A UCC would replace personal laws — which currently differ by religion (Hindu, Muslim, Christian, Parsi) — with a single set of laws governing marriage, divorce, inheritance, and adoption.

Article 44 is a DPSP under Part IV of the Constitution; non-justiciable
Constituent Assembly debates (1946–1949): K.M. Munshi argued UCC was essential for national integration and gender justice; opponents feared religious freedom infringement
The Framers placed UCC in DPSPs as a compromise — an aspiration rather than an immediate enforceable mandate
Successive Supreme Court judgments (Mohammed Ahmed Khan v. Shah Bano Begum, 1985; Sarla Mudgal v. Union of India, 1995) have called for UCC implementation, but Parliament has not enacted a central UCC

Connection to this news: West Bengal's UCC initiative engages directly with Article 44's directive — moving it from aspiration to legislative action at the state level.

Legislative Competence: Can States Enact a UCC?

The constitutional division of legislative powers under the Seventh Schedule is central to this question. Marriage and divorce fall under Entry 5 of List III (Concurrent List), meaning both Parliament and state legislatures can legislate on these subjects. Succession and wills fall under Entry 5 of List III as well. This gives states constitutional authority to enact family law reforms, including a UCC applicable within their territory. Parliament's primacy under Article 254 applies only when a central law exists on the same subject.

Entry 5, List III (Concurrent List): Marriage and divorce; infants and minors; adoption; wills, intestacy, and succession; joint family and partition
Entry 20, List III: Economic and social planning (supporting states' social reform agenda)
States cannot override central personal laws without potential conflict under Article 254 — any state UCC will face judicial scrutiny on this ground
Uttarakhand became the first state to enact a UCC (2024 Uttarakhand Uniform Civil Code Act), followed by Assam and Gujarat

Connection to this news: West Bengal's move is constitutionally permissible under the Concurrent List framework, but the law will face legal challenges, particularly regarding its interaction with existing central personal law statutes.

Tribal Exclusion: Fifth Schedule, PESA, and Customary Law Protections

A defining feature of all state-level UCCs has been the exclusion of tribal and indigenous communities. Tribal communities in Fifth Schedule areas (most tribal-dominated states in central and eastern India) have constitutional protection for their customary laws under the Fifth Schedule of the Constitution, which empowers the Governor to exclude or modify laws applicable in scheduled areas. The Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) explicitly recognises gram sabhas' authority to manage community affairs in accordance with traditions and customs, particularly in Fifth Schedule areas.

Fifth Schedule of the Constitution: covers tribal areas in 10 states (excluding Assam, Meghalaya, Tripura, and Mizoram, which have the Sixth Schedule)
PESA Act, 1996: empowers tribal village councils (gram sabhas) to manage affairs including personal matters per traditional custom
Sixth Schedule: provides autonomous district councils in the northeastern states with legislative powers including customary law
Tribal customary laws often govern marriage (exogamy rules), inheritance (matrilineal systems in some communities), and land rights — which a uniform civil code would disrupt
West Bengal's excluded communities: tribal, indigenous, Kurmi, and other recognised ancient ethnic communities

Connection to this news: West Bengal's tribal exclusion mirrors the approach taken in Uttarakhand and Assam — an acknowledgment that UCC's application to scheduled tribes raises conflicts with constitutional protections under the Fifth Schedule and PESA.

Goa's Uniform Civil Code: The Only Existing Precedent

Goa is the only Indian state currently operating under a Uniform Civil Code. The Goa Civil Code is derived from the Portuguese Civil Code of 1867, applicable to all residents regardless of religion on matters of marriage, divorce, and succession. Goa retained this code after its integration into India in 1961 through the Goa, Daman and Diu Administration Act, 1962.

Goa Civil Code: based on Portuguese Civil Code of 1867
Applicable to: all residents of Goa, regardless of religion
Retained after: Goa's integration into India on December 19, 1961; legislated under the Goa, Daman and Diu Administration Act, 1962
Often cited in UPSC questions as the only example of a functioning UCC in independent India

Connection to this news: West Bengal's UCC would be the most populous state to join Goa in having a state-level civil code, and the first in eastern India — making it a significant constitutional and political development.

Ranjana Prakash Desai Committee

The Ranjana Prakash Desai Committee, constituted to draft West Bengal's UCC Bill, is named after Justice (Retd.) Ranjana Prakash Desai, a former judge of the Supreme Court of India. The committee format — an expert panel with legal, administrative, social, and educational representation — is the standard governmental approach for drafting complex social legislation. In UPSC questions, committee names are testable when they are formally constituted by government order and directly associated with significant legislative or policy outcomes.

Committee chair: Justice (Retd.) Ranjana Prakash Desai, former Supreme Court judge
Members: retired IAS officer, legal expert, educationist, social worker, Additional Secretary (General Administration Department)
Mandate: study West Bengal's family laws and submit draft report in four weeks
Report deadline feeds into the cabinet review on July 2, 2026 and August 2026 Assembly session

Connection to this news: The committee represents the formal institutional mechanism through which West Bengal is translating a policy decision into a legislative draft.

Key Facts & Data

Constitutional provision for UCC: Article 44 (Part IV — Directive Principles of State Policy)
Relevant legislative entries: Entry 5, List III (Concurrent List) — marriage, divorce, succession
PESA Act: enacted 1996; extends customary governance rights to Fifth Schedule tribal communities
Goa Civil Code: based on Portuguese Civil Code of 1867; retained post-1961 integration
West Bengal committee chair: Justice (Retd.) Ranjana Prakash Desai (former Supreme Court judge)
Excluded communities: tribal, indigenous, Kurmi, and recognised ancient ethnic communities
Expected state cabinet review: July 2, 2026
Expected Assembly tabling: August 2026 session
States with UCC legislation ahead of West Bengal: Uttarakhand (2024), Gujarat, Assam
First state UCC: Uttarakhand Uniform Civil Code Act, 2024