West Bengal Cabinet clears panel to examine UCC Bill

The West Bengal Cabinet approved the formation of a committee to examine a draft Uniform Civil Code (UCC) Bill for the state. The panel is chaired by retired...

What Happened

The West Bengal Cabinet approved the formation of a committee to examine a draft Uniform Civil Code (UCC) Bill for the state.
The panel is chaired by retired Supreme Court Justice Ranjana Prakash Desai and is expected to submit its report within four weeks, after which the Bill will be tabled in the State Assembly.
The proposed legislation seeks uniform rules on marriage, divorce, inheritance, and adoption for all citizens irrespective of religion; it also proposes a ban on polygamy, invalidation of child marriages, and mandatory registration of live-in relationships.
West Bengal would become the fourth state in India to implement a UCC if the Bill is passed, after Uttarakhand, Assam, and Gujarat.
Several other states have pushed back against potential central legislation on UCC, citing concerns about encroachment on religious and cultural diversity.

Static Topic Bridges

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

Article 44 of the Indian Constitution, contained in Part IV (Directive Principles of State Policy), directs: "The State shall endeavour to secure for citizens a uniform civil code throughout the territory of India." DPSPs are non-justiciable — they cannot be enforced in a court of law — but are fundamental in governance and must be kept in mind while framing legislation. The UCC envisages a single set of personal laws governing marriage, divorce, inheritance, and adoption for all citizens, replacing the current religion-wise personal law framework (Hindu Marriage Act, 1955; Muslim Personal Law (Shariat) Application Act, 1937; Indian Christian Marriage Act, 1872; Parsi Marriage and Divorce Act, 1936).

Article 44 is part of Part IV (Articles 36–51) of the Constitution — Directive Principles of State Policy.
DPSPs are inspired by the Irish Constitution and are not enforceable by courts (Article 37).
Personal law matters (marriage, divorce, succession) fall under Entry 5 of the Concurrent List (Seventh Schedule), meaning both Parliament and State Legislatures can legislate on them.
The Supreme Court has repeatedly called for a UCC (Shah Bano case, 1985; Sarla Mudgal case, 1995; John Vallamattom case, 2003).

Connection to this news: West Bengal's move to legislate a state-level UCC invokes the Concurrent List authority of states. The committee's mandate mirrors the approach taken by Uttarakhand in 2022, which also set up an expert committee chaired by Justice Ranjana Prakash Desai before enacting India's first UCC.

Uttarakhand UCC Act, 2024 — The National Precedent

Uttarakhand became the first state in India to enact a Uniform Civil Code. The Uniform Civil Code of Uttarakhand Act, 2024 was passed by the State Assembly on February 7, 2024, received Presidential assent on March 12, 2024, and came into force on January 27, 2025. The Act applies to all residents of Uttarakhand regardless of religion, except members of Scheduled Tribes (who are exempted). The drafting committee for Uttarakhand's UCC was also chaired by Justice (Retd.) Ranjana Prakash Desai — the same person now heading West Bengal's committee.

First UCC in independent India's history — enforced from January 27, 2025.
Covers: uniform rules on marriage (minimum age, registration), divorce, inheritance, and live-in relationship registration.
Excludes Scheduled Tribes from its scope.
Assam subsequently became the third state to pass a UCC Bill.

Connection to this news: West Bengal's appointment of the same expert (Justice Desai) and the four-week timeline closely mirrors the Uttarakhand drafting process, signalling a deliberate template adoption.

Personal Laws and Legal Pluralism in India

India's current personal law system is a religiously pluralist framework: each major religious community is governed by its own body of civil law for matters such as marriage, divorce, maintenance, succession, and adoption. This framework is constitutionally valid but has been critiqued for creating unequal rights, particularly for women. The existing personal laws include the Hindu Marriage Act, 1955 (covering Hindus, Buddhists, Jains, and Sikhs); the Muslim Personal Law (Shariat) Application Act, 1937; the Indian Christian Marriage Act, 1872; and the Special Marriage Act, 1954 (a secular option available to all citizens regardless of religion).

Special Marriage Act, 1954 — provides a civil marriage option outside religious personal laws for all citizens.
The Shariat Application Act, 1937 was enacted under British rule to codify Muslim personal law in India.
The Hindu Marriage Act, 1955 was part of the Hindu Code Bills reform package that also included the Hindu Succession Act, 1956 and the Hindu Adoptions and Maintenance Act, 1956.

Connection to this news: A state UCC, if enacted, would supplant these religion-specific laws within that state's jurisdiction for residents, testing how the Concurrent List authority interacts with the personal law framework Parliament has established through central statutes.

Federal Dimensions — Concurrent List and State Competence

Under the Seventh Schedule of the Constitution, marriage, divorce, and succession (Entry 5 of the Concurrent List) are subjects on which both Parliament and State Legislatures may legislate. However, if a central law exists on the same subject, a state law inconsistent with it requires Presidential assent under Article 254(2) to prevail. This federal dimension makes state-level UCC legislation constitutionally complex: states can legislate, but Presidential assent gates the outcome where inconsistency with central personal law statutes exists.

Entry 5, Concurrent List: "Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition..."
Article 254(2): A State law inconsistent with Parliamentary law on a Concurrent List subject can be saved by Presidential assent.
Article 254(1): In absence of Presidential assent, the Parliamentary law prevails over the repugnant state law.

Connection to this news: States pushing their own UCC bills must navigate Article 254 — each bill will require Presidential assent to override central personal law statutes (such as the Muslim Personal Law (Shariat) Application Act, 1937 which is a central law).

Key Facts & Data

Article 44 — DPSP directing the State to secure a UCC for all citizens.
Uttarakhand UCC Act, 2024 — first state UCC in India, in force from January 27, 2025.
Justice (Retd.) Ranjana Prakash Desai — chaired both the Uttarakhand UCC drafting committee and the newly constituted West Bengal UCC panel.
West Bengal's committee has a four-week report submission deadline before the Bill is tabled in the State Assembly.
West Bengal would be the fourth state to enact a UCC after Uttarakhand, Assam, and Gujarat.
Personal law falls under Entry 5, Concurrent List (Seventh Schedule) — both Parliament and states can legislate.
Key Supreme Court calls for UCC: Shah Bano case (1985), Sarla Mudgal case (1995), John Vallamattom case (2003).
Special Marriage Act, 1954 — secular civil marriage alternative already available to all citizens.