Maharashtra government starts deliberations on Uniform Civil Code, announcement of committee on UCC likely next week

The Maharashtra government has initiated internal deliberations on the Uniform Civil Code (UCC) and is expected to announce the formation of a state-level ex...

What Happened

The Maharashtra government has initiated internal deliberations on the Uniform Civil Code (UCC) and is expected to announce the formation of a state-level expert committee during the ongoing monsoon session of the Maharashtra Legislative Assembly.
The expert committee will study existing legal frameworks, examine relevant material from other states' experiences, and prepare a draft proposal for a Maharashtra-specific UCC.
Maharashtra's move follows Uttarakhand, which became the first state to enact a UCC after Independence — passing the Uniform Civil Code of Uttarakhand Act, 2024 on 7 February 2024, which received Presidential assent on 12 March 2024 and came into force on 27 January 2025.
Other states including Gujarat and Assam have also signalled support for similar measures.
The UCC debate involves questions of personal law reform — governing marriage, divorce, adoption, inheritance, and maintenance — with implications for religious freedom, gender equality, and the federal structure.

Static Topic Bridges

Article 44: Uniform Civil Code as a Directive Principle of State Policy

Article 44 of the Indian Constitution is part of the Directive Principles of State Policy (DPSP), contained in Part IV (Articles 36–51). It reads: "The State shall endeavour to secure for the 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 constitutionally described as "fundamental in the governance of the country" and must inform legislation. Article 37 explicitly states that DPSPs "shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws."

Article 44: The State shall endeavour to secure a uniform civil code for citizens throughout India.
Part IV (Articles 36–51): Directive Principles of State Policy — non-justiciable but constitutionally foundational.
Article 37: DPSPs are not enforceable by courts but are fundamental to governance.
DPSPs draw from the Irish Constitution's directive principles (Article 45).
The Supreme Court has repeatedly referenced Article 44 — notably in Shah Bano (1985), Sarla Mudgal (1995), and John Vallamattom (2003) — urging Parliament to enact a UCC.
"State" includes the Union, state governments, and all authorities (Article 36 read with Article 12).

Connection to this news: Maharashtra's UCC deliberations are explicitly grounded in Article 44 — the Chief Minister cited the Directive Principles as the constitutional basis for the initiative. The committee's mandate to draft a proposal is the standard first step toward translating a DPSP into justiciable law.

Personal Laws in India: Structure, Diversity, and Reform

India currently has a pluralistic personal law system: citizens are governed by religion-specific personal laws for matters of marriage, divorce, inheritance, adoption, and maintenance. The major personal law systems are: Hindu personal law (codified in four Acts in 1955–56), Muslim personal law (largely uncodified, governed by the Muslim Personal Law [Shariat] Application Act, 1937), Christian personal law (Indian Christian Marriage Act, 1872; Indian Divorce Act, 1869), Parsi personal law (Parsi Marriage and Divorce Act, 1936), and Jewish personal law (customary). The Special Marriage Act, 1954 provides a secular, religion-neutral framework for inter-faith or civil marriages. A UCC would replace or harmonise these varied regimes with a single uniform code applying equally to all citizens regardless of religion.

Hindu personal law codified: Hindu Marriage Act (1955), Hindu Succession Act (1956), Hindu Minority and Guardianship Act (1956), Hindu Adoptions and Maintenance Act (1956).
Muslim personal law: Governed primarily by the Muslim Personal Law (Shariat) Application Act, 1937.
Triple Talaq: Declared unconstitutional by the Supreme Court in Shayara Bano v. Union of India (2017); Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalised it.
Special Marriage Act, 1954: Civil, religion-neutral framework for marriage.
Personal laws vs. UCC: Personal laws are the subject of Entry 5, List III (Concurrent List) — "marriage and divorce; infants and minors; adoption; wills, intestacy and succession."
Uttarakhand UCC, 2024: Does not apply to Scheduled Tribes (Section 2 exclusion).

Connection to this news: Maharashtra's deliberations target the same sphere covered by existing personal laws — particularly marriage, divorce, succession, and adoption. A state-level UCC, like Uttarakhand's, would operate alongside the Special Marriage Act, 1954 and could harmonise the four principal personal law regimes for residents of the state.

Uttarakhand's UCC: India's First State-Level Implementation

Uttarakhand became the first state in post-Independence India to enact a UCC. The Uniform Civil Code of Uttarakhand Act, 2024 was passed by the state legislative assembly on 7 February 2024, received Presidential assent on 12 March 2024, and came into force on 27 January 2025. The Act establishes a unified set of personal laws for all citizens of Uttarakhand regardless of religion — covering marriage, divorce, inheritance, adoption, and maintenance — with a notable exclusion for Scheduled Tribes. It also introduces a mandatory registration system for all marriages, divorces, and live-in relationships.

Uttarakhand UCC Act passed: 7 February 2024 (state assembly).
Presidential assent: 12 March 2024.
Came into force: 27 January 2025.
Scope: Marriage, divorce, adoption, inheritance, maintenance.
Key exclusion: Does not apply to Scheduled Tribes (Section 2).
Novel feature: Mandatory registration of live-in relationships.
Uttarakhand is the first state to enact a UCC after Independence; Goa has a civil code legacy from Portuguese-era law (Goa Civil Code, administered under the Code of Civil Procedure).

Connection to this news: Maharashtra's expert committee is expected to study Uttarakhand's UCC as a template while developing its own draft. The Uttarakhand model — including its exclusions and registration requirements — will likely inform the scope and structure of any Maharashtra UCC proposal.

Federalism, Concurrent List, and State Legislative Competence for UCC

Personal law matters (marriage, divorce, succession, adoption) are in the Concurrent List (List III, Seventh Schedule, Entry 5). This means both Parliament and state legislatures have competence to legislate on them. In the event of conflict between state and Central law on a Concurrent subject, Article 254 gives precedence to the Central law, unless the state law has received Presidential assent. A state-level UCC enacted under Entry 5 with Presidential assent (as in Uttarakhand's case) is constitutionally valid. This makes state-by-state UCC enactment a legally permissible incremental route toward the goal in Article 44.

Entry 5, List III (Concurrent): Marriage and divorce; infants and minors; adoption; wills, intestacy and succession.
Article 254: Central law prevails over state law on Concurrent subjects in case of repugnancy; state law can be saved by Presidential assent.
Article 246: Parliament has exclusive power over Union List; Parliament and states share Concurrent List.
The Seventh Schedule (Articles 245–246): Distributes legislative subjects among three lists.
State UCC + Presidential assent = constitutionally valid even if it diverges from Central personal law statutes.

Connection to this news: Maharashtra's decision to form a state-level committee — rather than wait for Central legislation — reflects the constitutionally available route under Entry 5 of the Concurrent List. State-level UCC enactment with Presidential assent is the established precedent now set by Uttarakhand.

Key Facts & Data

Article 44 (Part IV, DPSP): Directs the State to secure a UCC throughout India; non-justiciable.
Uttarakhand UCC passed: 7 February 2024; came into force: 27 January 2025 — first state-level UCC after Independence.
Uttarakhand UCC excludes Scheduled Tribes (Section 2 of the Act).
Goa has a legacy civil code (Portuguese-era Goa Civil Code) — the only pre-existing civil code in India.
Supreme Court references to Article 44: Shah Bano case (1985), Sarla Mudgal v. Union of India (1995), John Vallamattom v. Union of India (2003).
Triple talaq criminalised: Muslim Women (Protection of Rights on Marriage) Act, 2019.
Special Marriage Act, 1954: Secular civil marriage framework applicable to all citizens regardless of religion.
Muslim Personal Law (Shariat) Application Act, 1937: Applies Muslim personal law to Muslims in India.
Hindu personal law codified in four Acts: 1955 (marriage), 1956 (succession, minority and guardianship, adoptions and maintenance).
Entry 5, List III (Concurrent List): Personal law subjects — competence shared between Parliament and state legislatures.
Maharashtra monsoon assembly session: 2026 — expected venue for committee announcement.