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Polity & Governance July 02, 2026 6 min read Daily brief · #9 of 36

West Bengal Cabinet approves panel to examine draft Uniform Civil Code Bill

The West Bengal cabinet approved the constitution of a committee to examine a draft Uniform Civil Code (UCC) Bill, with the panel headed by retired Supreme C...


What Happened

  • The West Bengal cabinet approved the constitution of a committee to examine a draft Uniform Civil Code (UCC) Bill, with the panel headed by retired Supreme Court judge Justice Ranjana Prakash Desai.
  • The committee, which also includes a retired IAS officer, a legal expert, an educationist, a social worker, and an additional secretary from the state's general administration department, has been given four weeks to submit its recommendations.
  • The draft UCC Bill was placed before the state cabinet on July 2, 2026, and the government intends to introduce the legislation in the West Bengal Legislative Assembly during its August session.
  • The proposed law would cover marriage, divorce, inheritance, child custody, and adoption, while keeping Scheduled Tribes and other recognised ancient ethnic communities outside its purview.
  • West Bengal becomes the latest BJP-governed state to move toward UCC legislation, following Uttarakhand's implementation and Assam's passage of a UCC Bill.

Static Topic Bridges

Uniform Civil Code — Article 44 and the DPSP Framework

Article 44 of the Indian Constitution, under 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." Unlike Fundamental Rights, DPSPs are non-justiciable — courts cannot compel their enforcement — but they are nonetheless fundamental in the governance of the country and constitute the conscience of the Constitution.

  • A UCC would replace religion-specific personal laws governing marriage, divorce, succession, inheritance, and adoption with a single, uniform code applicable to all citizens regardless of religion.
  • The Supreme Court has in multiple judgments — including in the Shah Bano case (1985) and Sarla Mudgal case (1995) — urged Parliament to enact a UCC.
  • DPSPs in Part IV and Fundamental Rights in Part III are meant to be read harmoniously, though personal laws governing religious communities have historically been treated as falling within the ambit of Article 25 (freedom to profess and practise religion) and Article 26 (freedom to manage religious affairs).

Connection to this news: The West Bengal UCC Bill directly engages Article 44 as a state-level legislative effort to implement a directive that has remained unimplemented at the national level since independence.


Article 25 vs. Article 44 — The Constitutional Tension

Article 25 of the Constitution guarantees to every person the right to freely profess, practise, and propagate religion, subject to public order, morality, and health. Personal laws (Hindu, Muslim, Christian, Parsi) have historically been treated as expressions of religious identity protected under Articles 25 and 26.

  • Critics of UCC argue that a common civil code could override religious personal laws, thereby infringing upon the constitutionally protected right to practise religion as understood through customs and tradition.
  • Proponents argue that Article 25 does not protect religious customs that discriminate on grounds of gender, and that Article 44 represents a legitimate secular objective of the state under Article 14 (equality before law).
  • The Supreme Court has clarified that matters of secular character — such as property succession and inheritance — are not protected religious practices under Article 25, and can therefore be uniformly regulated.

Connection to this news: The anticipated legislative debate in the West Bengal assembly is expected to centre on this constitutional tension — whether UCC infringes minority religious rights or realises constitutional equality norms.


Uttarakhand UCC — India's First State-Level Implementation

Uttarakhand became the first state in independent India to implement a Uniform Civil Code, with the UCC formally launched on January 27, 2025.

  • The Uttarakhand Uniform Civil Code Act, 2024, prohibits practices such as halala, iddat, and triple talaq under Muslim personal law, mandates registration of all marriages and live-in relationships, and provides equal inheritance rights for all communities.
  • Scheduled Tribes are excluded from the law's purview, following a pattern now also adopted in the West Bengal draft.
  • Uttarakhand's implementation provides a working legislative template that other BJP-governed states are referencing, including Assam (which passed a UCC Bill making it the third state) and now West Bengal.

Connection to this news: West Bengal is drawing directly from the Uttarakhand model in its draft provisions, including the tribal exclusion. The Uttarakhand precedent also settles, in practice, the question of state competence to legislate on personal law matters.


Legislative Competence — Parliament and States on Personal Laws

Personal laws in India fall under Entry 5 of the Concurrent List (List III) in the Seventh Schedule of the Constitution, which covers "marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition." Both Parliament and state legislatures have competence to legislate on these matters.

  • In the event of repugnancy between a state law and a parliamentary law on a Concurrent List subject, Article 254 stipulates that the parliamentary law prevails unless the state law has received Presidential assent.
  • No comprehensive central UCC legislation exists as of 2026; this legislative gap gives states the space to enact their own codes.
  • Entry 1 of the Concurrent List also covers criminal law, and Entry 11-A covers administration of justice — underscoring that the Centre and states share broad regulatory space in civil matters.

Connection to this news: West Bengal's ability to introduce and pass a UCC applies this concurrent legislative competence. Presidential assent may be required if any provision conflicts with existing central personal law statutes.


Justice Ranjana Prakash Desai — Profile and Institutional Role

Justice Ranjana Prakash Desai is a former judge of the Supreme Court of India, known for her expertise in constitutional and criminal law.

  • She served as Chairperson of the Delimitation Commission of India from March 6, 2020 to May 5, 2022, where she led the exercise of redrawing assembly and parliamentary constituencies in Jammu and Kashmir following the abrogation of Article 370.
  • In October 2025, she was appointed Chairperson of the 8th Central Pay Commission, making her one of the most prominent jurists heading major quasi-judicial and advisory bodies in recent years.
  • The appointment of a former Supreme Court judge to head a UCC drafting panel mirrors the practice followed in Uttarakhand and lends institutional credibility to the legislative process.

Connection to this news: Justice Desai's dual background in constitutional adjudication and high-profile commission work makes her a credible choice to lead a committee examining legislation as constitutionally sensitive as the UCC.


Key Facts & Data

  • Article 44 (Part IV, DPSP): Uniform Civil Code directive — non-justiciable but constitutionally authoritative
  • Entry 5, Concurrent List: Marriage, divorce, inheritance, adoption — subject to both central and state legislation
  • Uttarakhand UCC implemented: January 27, 2025 — first state in independent India
  • West Bengal UCC committee timeline: 4 weeks to submit report; bill expected in August 2026 assembly session
  • Committee head: Justice Ranjana Prakash Desai (former SC judge, ex-Delimitation Commission chair, current 8th CPC chair)
  • Exclusions in West Bengal draft: Scheduled Tribes and recognised ancient ethnic communities
  • Key personal law areas covered: Marriage, divorce, inheritance, child custody, adoption
  • Shah Bano case (1985): Landmark Supreme Court judgment urging enactment of UCC
  • Article 254: In case of repugnancy on Concurrent List subjects, central law prevails unless state law has Presidential assent
On this page
  1. What Happened
  2. Static Topic Bridges
  3. Uniform Civil Code — Article 44 and the DPSP Framework
  4. Article 25 vs. Article 44 — The Constitutional Tension
  5. Uttarakhand UCC — India's First State-Level Implementation
  6. Legislative Competence — Parliament and States on Personal Laws
  7. Justice Ranjana Prakash Desai — Profile and Institutional Role
  8. Key Facts & Data
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