Gujarat UCC Bill Raises Constitutional and Governance Concerns Over Hasty Implementation

Indian Express - Opinion · 24 Mar 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

Gujarat introduced a Uniform Civil Code Bill that replicates existing laws with minimal reform, raising concerns about lack of deliberation and missed opportunities for substantive gender justice reforms under Article 44.

Key points

Gujarat UCC Bill 2026 proposes uniform laws on marriage, divorce, and succession, making Gujarat the third state after Goa and Uttarakhand to implement such a code.

Article 44 of the Constitution directs the state to secure a Uniform Civil Code, but the Gujarat Bill lacks the rigorous deliberation seen in historical reforms like the Hindu Code Bill.

The Bill outlaws polygamy and nikah-halala but fails to address other discriminatory practices like restitution of conjugal rights, currently under Supreme Court scrutiny.

Legislative haste is evident as the Bill is scheduled for passage within a day, limiting critical debate despite its significant societal impact.

[GS2-Governance] The Bill replicates provisions from the Hindu Marriage Act, Hindu Succession Act, and Uttarakhand UCC, raising questions about its originality and inclusivity.

Colonial legacy persists as the Bill retains the Indian Succession Act, 1925, contradicting recent efforts to decolonize Indian laws.

The Bill extends Hindu law frameworks to religious minorities (12% of Gujarat's population) without clear justification or community consultation.

[GS1-Society] The lack of gender-sensitive reforms in areas like live-in relationships and maintenance rights highlights gaps in addressing contemporary social realities.

Way Forward: Gujarat should establish an expert committee for comprehensive stakeholder consultations, incorporate progressive reforms from all personal laws, and ensure transparent legislative scrutiny before implementation.

Key terms

Article 44

A Directive Principle of State Policy under Part IV of the Indian Constitution that urges the state to strive for a Uniform Civil Code to replace religion-based personal laws. Its significance lies in promoting national integration and gender justice, though its non-justiciable nature has led to uneven implementation across states.

Uniform Civil Code

A proposed set of secular laws governing marriage, divorce, inheritance, and adoption applicable to all citizens irrespective of religion. Its constitutional basis is Article 44, and it aims to replace diverse personal laws with a common framework, though its implementation remains politically contentious due to identity politics.

Hindu Code Bill

A series of laws enacted in the 1950s (Hindu Marriage Act, Hindu Succession Act, etc.) that reformed Hindu personal laws. It set a precedent for codification through extensive debate, unlike recent UCC initiatives, and significantly improved women's rights in inheritance and marriage.

Nikah-halala

A controversial Islamic practice where a divorced woman must marry another man and consummate the marriage before remarrying her former husband. Its prohibition in the Gujarat UCC reflects efforts to eliminate gender-discriminatory practices, though critics argue the reform lacks broader systemic changes.