MP assembly session begins Monday; UCC on agenda, Congress to target govt over ‘land scam’
The Madhya Pradesh Legislative Assembly's Monsoon Session opened, scheduled to run from July 20 to 24, 2026
The state cabinet approved a Uniform Civil Code (UCC) Bill for introduction during the session, along with other legislative business including labour code amendments, private university law amendments, civil defence provisions, and ease-of-doing-business measures
The proposed UCC Bill provides for a common civil law framework covering marriage, divorce, and live-in relationships, applicable irrespective of religion
The Bill proposes criminalising nikah halala and triple talaq, banning polygamy, mandating registration of marriages and divorces, and requiring registration of live-in relationships within one month, with penalties for non-registration
The proposed law is stated to exclude Scheduled Tribes and communities whose customary rights are protected under Part XXI of the Constitution
Article 44 — Uniform Civil Code as a Directive Principle
Article 44, found in Part IV (Directive Principles of State Policy), states that the State shall endeavour to secure a Uniform Civil Code for citizens throughout India. As a Directive Principle, it is not enforceable in any court but is meant to guide legislation.
Key Details
- Part IV Directive Principles are non-justiciable under Article 37, but courts have repeatedly urged the State to work towards Article 44's objective, including in Mohd. Ahmed Khan v. Shah Bano Begum (1985) and Sarla Mudgal v. Union of India (1995)
- Goa retains a common civil code (the Goa Civil Code, inherited from Portuguese-era law) and was, until Uttarakhand's 2024 UCC, the only Indian state with a uniform personal law regime
- UCC falls within the Concurrent List (Entry 5 — marriage, divorce, and related personal-law matters), meaning both Parliament and state legislatures can legislate on it, subject to Article 254 (Union law prevailing in case of repugnancy, unless the state law has received Presidential assent)
The Madhya Pradesh Bill is a state-level exercise of concurrent legislative power on personal law matters, following the precedent set by Uttarakhand's 2024 UCC and Goa's pre-existing civil code — testing the Article 44 directive through state legislation rather than a central law.
Personal Law Reform — Triple Talaq and Nikah Halala
Talaq-e-biddat (instant triple talaq) was already declared unconstitutional by the Supreme Court and separately criminalised at the central level; nikah halala (a practice requiring a divorced woman to marry and be divorced by another man before remarrying her former husband) remains a distinct, separately contested practice.
Key Details
- The Supreme Court in Shayara Bano v. Union of India (2017, 5-judge bench, 3:2 majority) struck down instant triple talaq as unconstitutional and violative of Article 14
- Parliament subsequently enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019, criminalising the pronouncement of triple talaq with imprisonment up to three years
- Nikah halala has not been the subject of a final Supreme Court ruling on its validity (a challenge was referred to a Constitution Bench but remains pending), making state-level criminalisation, as proposed in Madhya Pradesh, a notable legislative step distinct from the settled central law on triple talaq
By separately targeting nikah halala alongside triple talaq, the proposed state Bill goes further than the existing 2019 central law, which addressed only instant triple talaq.
Article 21 and Legal Recognition of Live-in Relationships
The right to live together without marriage has been read by courts as part of the right to life and personal liberty under Article 21, while legislative registration requirements for live-in relationships represent a new attempt to formalise and regulate such unions.
Key Details
- The Supreme Court in S. Khushboo v. Kanniammal (2010) held that living together as part of a live-in relationship is covered under the right to life under Article 21 and is not illegal
- Courts have separately extended maintenance protections to women in live-in relationships "in the nature of marriage" under the Protection of Women from Domestic Violence Act, 2005
- The proposed Madhya Pradesh Bill would additionally require formal registration of live-in relationships with penalties for non-registration — an approach earlier associated with Uttarakhand's 2024 UCC
The Bill's live-in registration and maintenance provisions mirror the framework first introduced by Uttarakhand's UCC, indicating an emerging state-level pattern for regulating live-in relationships alongside formal marriage.
Exemption for Scheduled Tribes — Part XXI and Article 366(25)
UCC proposals in various states have carved out exemptions for Scheduled Tribes, whose customary personal laws are protected under provisions falling within Part XXI (Temporary, Transitional and Special Provisions) and related constitutional safeguards.
Key Details
- Article 366(25) defines "Scheduled Tribes" as those notified under Article 342
- Fifth and Sixth Schedule areas provide distinct governance and customary-law protections for tribal populations, separate from the Part XXI special provisions for certain states
- Uttarakhand's 2024 UCC similarly exempted Scheduled Tribes from its provisions, a template the Madhya Pradesh Bill appears to follow
The stated ST exemption in the Madhya Pradesh Bill reflects a consistent legislative approach across recent state UCC efforts, keeping tribal customary law outside the uniform framework to avoid conflict with constitutional protections for tribal communities.
- Madhya Pradesh Assembly Monsoon Session: July 20-24, 2026
- Directive Principle basis: Article 44, Part IV of the Constitution
- Legislative list: personal law/marriage and divorce fall under Entry 5, Concurrent List
- Key precedent: Shayara Bano v. Union of India (2017) struck down instant triple talaq
- Central law on triple talaq: Muslim Women (Protection of Rights on Marriage) Act, 2019
- Proposed marriage age under the Bill: 21 years (men), 18 years (women)
- Live-in relationship registration window proposed: within one month of cohabitation beginning
- States with UCC frameworks: Goa (pre-existing civil code), Uttarakhand (2024), Gujarat (Assembly passed a UCC Bill in 2026)