UPSC Darpan

Polity & GovernanceGS23 October 2026

Gujarat’s Uniform Civil Code Gets President’s Assent and Is Gazetted; Enforcement Date Awaited

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The news

Gandhinagar. President Droupadi Murmu gave assent on September 17 to the Gujarat Uniform Civil Code Bill, 2026, and the Act appeared in the gazette dated October 1, The Hindu and The Indian Express report; it takes effect on a date the State notifies. A uniform civil code (UCC) is one civil law on marriage, divorce and succession for every religion. Passed in March and based on a report by a committee under former Supreme Court judge Ranjana Desai, the Act makes marriage registration compulsory within 60 days (penalty up to ₹10,000), prohibits bigamy and requires live-in couples to register; ET reports up to three months’ jail for not registering. Per the Bill text on PRS, the marriage age is 21 for men and 18 for women. Scheduled Tribes and Part XXI groups are excluded. What is new since our 23 September card: Gujarat is the second State, after Uttarakhand, to enact a UCC (Goa retains its Portuguese-era civil code).

The chain in one line: Article 44 sets a non-justiciable goal → Hindu law is codified in 1955-56, others are not → Uttarakhand becomes the first State to enact a UCC → Gujarat’s Desai committee drafts a Code, passed in March 2026 → President’s assent on September 17, gazette on October 1, enforcement awaits notification

Static syllabus linkage

  1. Article 44 is a directive, and personal law sits in the Concurrent List. Article 44 in Part IV asks the State to endeavour to secure a uniform civil code throughout the territory of India; under Article 37 it cannot be enforced in court. Entry 5 of List III covers marriage, divorce, adoption, wills and succession, so both Parliament and a State legislature may legislate.
  2. A State law that clashes with a Central law survives only with the President’s assent. Under Article 254(1) a repugnant State law on a Concurrent subject yields to Central law; Article 254(2) saves it within the State if it gets the President’s assent, though Parliament may later override it. The Governor reserves under Article 200; the President decides under Article 201.

Why UPSC loves this

  1. A State-made UCC tests federalism as much as secularism. GS2 asks about “issues and challenges pertaining to the federal structure” and GS1 about “secularism”. Two State codes make the federal route to Article 44 a likely question.

Prelims nuggets

  • Article 44, a Directive Principle in Part IV, directs the State to endeavour to secure a uniform civil code for citizens throughout the territory of India.
  • Marriage, divorce, adoption, wills and succession fall under Entry 5 of the Concurrent List of the Seventh Schedule.
  • Under Article 254(2), a State law on a Concurrent subject repugnant to a Central law prevails in that State if it received the President’s assent.
  • Scheduled Tribes are specified by the President under Article 342; Part XXI contains temporary, transitional and special provisions, including Article 371A on Naga customary law.

Analysis

  1. Lens — Centre and States: a code made State by State is uniform inside a State, not across India. Article 44 speaks of the whole territory, but concurrency lets each State write its own code. A third State may choose other marriage ages or live-in rules, so a family crossing a border meets a different law. A thoughtful officer would accept State experiments as lawful while expecting Parliament, which keeps the last word, to harmonise them.
  2. The tribal exclusion shows that “uniform” already has exceptions. Excluding Scheduled Tribes and Part XXI groups respects protected customary law, but the code is then uniform for most citizens, not all, with the line drawn by tribe rather than religion. Equality is pursued by degrees.
  3. Live-in registration takes the State into adults’ most private choices. Marriage registration gives a wife proof for maintenance and inheritance. Registering a live-in relationship, with penalties and parental notice for partners under 21, records a choice adults have not asked the State to recognise. Since Puttaswamy (2017) made privacy a fundamental right, the rule will be tested for necessity and proportionality; defenders say it protects women left without remedy.

Possible Mains question

“A uniform civil code built State by State may achieve uniformity within States but not across India.” Critically examine with reference to the Gujarat Uniform Civil Code, 2026. (15 marks, 250 words)

Model approach

  1. Directive — Critically examine. Weigh gains against fragmentation and judge.
  2. Introduction — Gujarat is the second State to enact a UCC. Assent September 17, gazette October 1; anchor in Article 44.
  3. Body — concurrency makes State codes lawful and Article 254(2) makes them durable. Draw a flowchart: State Bill → Governor reserves (Article 200) → President assents (Article 201) → law prevails in the State.
  4. Body — the code is uneven by design. Tribal exclusion and divergent State rules dilute “throughout the territory of India”.
  5. Body — gains for women are real, but live-in registration raises privacy questions. Value addition: the Puttaswamy (2017) proportionality test.
  6. Conclusion — let States experiment, then let Parliament harmonise. A common minimum code after consultation.

Administrator's brainstorm

You are a Collector in Gujarat when the Code is notified. How do you prepare for compulsory registration?

I would open registration points near villages and publicise the 60-day deadline in Gujarati. Since penalties apply to wilful failure, the first months should be for awareness, not fines. Registrars must know tribal members are outside the Code.