Maharashtra sets up seven-member panel to prepare Uniform Civil Code draft
The Maharashtra state government constituted a seven-member committee to prepare a draft framework for implementing a Uniform Civil Code (UCC) in the state
The committee is headed by Justice Ranjana Desai, a retired Supreme Court judge, and includes former High Court judges R.C. Chavan and S.G. Mehare, a former state chief secretary, a former advocate general, a constitutional expert, and an educationist
The committee has been given six months to submit its report, with the state government aiming to introduce the resulting legislation in the winter session of the state legislature at Nagpur
The state cited the Directive Principles of State Policy in the Constitution as the basis for setting up the committee
Article 44 — Uniform Civil Code as a Directive Principle of State Policy
Article 44, placed in Part IV (Directive Principles of State Policy) of the Constitution, states that "the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." As a DPSP, it is not judicially enforceable (Article 37) but serves as a governance goal for the State.
Key Details
- During Constituent Assembly debates (1946-49), the UCC provision was contested; it was placed under DPSPs rather than Fundamental Rights as a compromise, given objections from some Muslim members about interference with personal religious laws
- UCC would aim to replace religion-based personal laws (governing marriage, divorce, inheritance, adoption, succession) with a common civil code applicable to all citizens
- Article 44 must be read alongside Articles 25-28 (freedom of religion) — the recurring constitutional tension in UCC debates is between Article 44's uniformity goal and Article 25's protection of the right to practise and propagate religion, including religious personal law practices
- No central-level UCC legislation has been enacted since 1950; implementation so far has occurred piecemeal at the state level
Maharashtra's committee is explicitly invoking Article 44 as constitutional authority for pursuing a state-level UCC framework, following a pattern set by other states.
Uttarakhand Uniform Civil Code Act, 2024 — The First State-Level UCC
Uttarakhand became the first state of independent India to enact a Uniform Civil Code, passed by its Legislative Assembly on 7 February 2024, receiving presidential assent on 13 March 2024, and brought into effect from 27 January 2025.
Key Details
- The Uttarakhand UCC standardises rules on marriage, divorce, adoption, inheritance, and maintenance for all residents regardless of religion, applying equal inheritance rights to sons and daughters
- The Act exempts members of Scheduled Tribes, reflecting the constitutional protection of tribal customary law
- Goa is a pre-existing exception: it has operated under a Uniform Civil Code since before independence, inherited from the Portuguese Civil Code of 1867, and retained under Article 372 (continuance of pre-constitutional laws)
Maharashtra's initiative follows Uttarakhand's precedent of state legislatures acting on UCC (a State List/Concurrent List subject touching civil matters) in the absence of central legislation, making Maharashtra a potential second major state (after Uttarakhand) to legislate a comprehensive UCC.
Judicial Pronouncements Shaping the UCC Debate
Supreme Court judgments — though they cannot themselves enact a UCC — have repeatedly urged the government to give effect to Article 44, most prominently in the Shah Bano case and the Sarla Mudgal case.
Key Details
- Mohd. Ahmed Khan v. Shah Bano Begum (1985): A five-judge Constitution Bench (headed by CJI Y.V. Chandrachud) held that Section 125 of the CrPC (maintenance for wives, including divorced wives) is a secular provision applicable regardless of religion, and that Article 44 remained a "dead letter"; the ensuing political controversy led to the Muslim Women (Protection of Rights on Divorce) Act, 1986
- Sarla Mudgal v. Union of India (1995): Held that religious conversion undertaken solely to enable bigamy is impermissible, and reiterated the need for the State to move toward a Uniform Civil Code
- Subsequent cases such as John Vallamattom v. Union of India (2003) have continued to cite Article 44 while addressing religion-specific personal law provisions
These judgments form the doctrinal backdrop cited whenever a state or the Centre moves toward UCC legislation, framing it as fulfilling a long-pending constitutional direction rather than a novel policy departure.
- Maharashtra UCC committee size: 7 members; Chair: Justice Ranjana Desai (retired Supreme Court judge)
- Committee composition: 3 former judges (Supreme Court/High Court), 1 former chief secretary, 1 former advocate general, 1 constitutional expert, 1 educationist
- Timeline: report due within 6 months; legislation targeted for the winter session at Nagpur
- Uttarakhand UCC: passed 7 February 2024; presidential assent 13 March 2024; in force from 27 January 2025 (first state-level UCC in independent India, excludes Scheduled Tribes)
- Goa Civil Code: pre-constitutional, inherited from Portuguese Civil Code of 1867, retained under Article 372
- Constitutional basis: Article 44 (Part IV, Directive Principles of State Policy)
- Key cases: Shah Bano (1985), Sarla Mudgal (1995), John Vallamattom (2003)