Chhattisgarh govt. to table UCC Bill during Winter Session: CM Sai
The Chhattisgarh government announced that a Uniform Civil Code (UCC) Bill will be tabled in the winter session of the state assembly
The announcement follows the formal start of the UCC implementation process about a month earlier, when a five-member committee was constituted to draft recommendations
The committee, headed by a retired Supreme Court judge and including retired civil servants, a senior advocate, and an educator, has been tasked with examining the existing personal law framework in the state
The committee's mandate covers marriage, divorce, maintenance, inheritance, and adoption; its draft recommendations will go to the state cabinet for approval before introduction in the Assembly
Article 44 — Uniform Civil Code as a Directive Principle
Article 44, placed in Part IV (Directive Principles of State Policy), directs that "the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." Like all DPSPs, it is non-justiciable — courts cannot compel the State to enact a UCC, but it functions as a constitutional goal guiding legislative policy on personal laws.
Key Details
- Part IV, Article 44; distinct from Fundamental Rights (Part III), which are enforceable under Article 32
- Personal laws (marriage, divorce, succession, adoption, maintenance) currently vary by religion — governed by the Hindu Marriage Act 1955, Muslim Personal Law (Shariat) Application Act 1937, Indian Christian Marriage Act 1872, Special Marriage Act 1954, etc.
- A UCC would replace religion-specific personal law with one common code applicable to all citizens (subject to exemptions such as Scheduled Tribes)
- The Supreme Court has repeatedly urged Parliament to move towards a UCC (e.g., in Sarla Mudgal v. Union of India, 1995, and Shayara Bano v. Union of India, 2017) but has held it cannot itself direct enactment since DPSPs are non-justiciable
Chhattisgarh's move is a state-level attempt to give legislative effect to the Article 44 goal, following a precedent set by another state's UCC enactment.
Legislative Competence — Entry 5, Concurrent List
Marriage, divorce, adoption, succession, and joint family matters fall under Entry 5 of the Concurrent List (Seventh Schedule), meaning both Parliament and state legislatures can legislate on them. This is the constitutional basis that allows a state assembly — rather than only Parliament — to enact a UCC-type law for its territory.
Key Details
- Concurrent List (List III) subjects can be legislated upon by both the Union and the states; in case of conflict, Article 254 makes a central law prevail over a state law on the same matter, unless the state law has received Presidential assent
- Existing personal law statutes (e.g., Hindu Marriage Act 1955) were themselves enacted by Parliament under this entry
- A state UCC Bill would need to navigate this concurrent space carefully to avoid repugnancy with existing central personal law statutes
Chhattisgarh's proposed Bill will have to be drafted consistently with existing central personal law legislation to withstand potential Article 254 challenges, similar to legal scrutiny faced by other state UCC laws.
Uttarakhand UCC 2024 — The First State Precedent
Uttarakhand became the first state in independent India to enact a comprehensive Uniform Civil Code, through the Uniform Civil Code of Uttarakhand Act, 2024, which came into force in February 2024. It codifies common rules on marriage, divorce, inheritance, and live-in relationships for all residents of the state, most provisions modelled on the Special Marriage Act, 1954, and explicitly excludes Scheduled Tribes.
Key Details
- Mandates registration of marriages within 60 days and of live-in relationships as well, with maintenance provisions for deserted live-in partners
- Excludes Scheduled Tribes and persons whose customary rights are protected under Part XXI (temporary/special provisions for certain states) of the Constitution
- Distinct from the Goa Civil Code, a pre-constitutional Portuguese Civil Code (1867) continued under Article 372, which functions as a de facto common code but was never enacted as a UCC under Article 44
- Other states, including Gujarat, have separately constituted committees to examine UCC implementation
Chhattisgarh's committee and forthcoming Bill are expected to draw on the Uttarakhand model as the working template for a state-level UCC, making comparison between the two states' provisions a likely exam-relevant angle.
- Article 44: Part IV, Directive Principles of State Policy — non-justiciable
- Entry 5, Concurrent List (Seventh Schedule): covers marriage, divorce, adoption, succession, joint family
- Uttarakhand UCC: enacted February 2024, first comprehensive state-level UCC in independent India, excludes Scheduled Tribes
- Goa Civil Code: continuance of the 1867 Portuguese Civil Code under Article 372, not enacted under Article 44
- Chhattisgarh UCC committee: five members, tasked with recommendations on marriage, divorce, maintenance, inheritance, and adoption