Maharashtra Govt to Introduce Uniform Civil Code Soon, Cites Constitutional Mandate Under DPSP

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Maharashtra Chief Minister Devendra Fadnavis on Tuesday said the state government is committed to introducing the Uniform Civil Code (UCC) and that a draft is being prepared. Speaking at a Diwali Milan event at his official residence, he said, “The process of UCC draft is underway. We are going to bring the UCC soon.” The announcement comes amid ongoing national debates on the UCC, with Uttarakhand having already passed a UCC bill in 2024.

Fadnavis defended the move by citing the Constitution’s Directive Principles of State Policy (DPSP), under which Article 44 directs the state to secure a uniform civil code for citizens. He said, “Dr Ambedkar’s Constitution has given us fundamental rights and DPSP. One such directive states that every state should bring a Uniform Civil Code. Who has written this? The Constitution of India. It is a Constitutional responsibility.” However, he added that DPSPs cannot be implemented like fundamental rights, as they require consensus among people.

The Chief Minister also criticised AIMIM chief Asaduddin Owaisi and Congress leader Rahul Gandhi for objecting to the UCC, accusing the Opposition of attacking constitutional bodies and spreading a “fake narrative”. He said the Congress wants to bring an “ultra leftist regime” but people will not accept it. On the rumoured merger of NCP with NCP (Sharad Pawar), Fadnavis said only Sharad Pawar and Sunetra Pawar can confirm it, and assured that the NCP’s demand for the finance portfolio will be met.

What did the Supreme Court say about UCC in the Shah Bano case?

The Supreme Court in the 1985 Shah Bano case expressed regret that Article 44 had remained a dead letter and called for a uniform civil code to help national integration. The court observed that a common civil code would remove disparate loyalties to conflicting personal laws. The judgment led to political controversy and the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which effectively nullified the Supreme Court's order on maintenance. In the 1995 Sarla Mudgal case, the Supreme Court again urged the government to secure a uniform civil code, stating that Article 44 was based on the concept that there is no necessary connection between religion and personal law in a civilised society.

What is the constitutional basis of the UCC?

The Uniform Civil Code is a proposal to replace personal laws based on religion with a common set of civil laws governing marriage, divorce, inheritance, and adoption for all citizens. It is enshrined in Article 44 of the Directive Principles of State Policy (DPSP) in Part IV of the Indian Constitution. DPSPs are non-justiciable, meaning they are not enforceable by courts, but are considered fundamental to governance. Goa has common civil laws based on the Portuguese Civil Code of 1867. Uttarakhand has also implemented a UCC.

What has the UCC achieved and missed so far?

The UCC has been a long-standing constitutional goal, but its implementation has been limited. Uttarakhand passed a UCC bill in 2024, becoming the first state in independent India to do so. However, the move has faced opposition from religious groups and political parties, as personal laws are deeply tied to religious identity. The Maharashtra government will need to finalise the draft, build consensus among various communities, and navigate legal and political challenges before the bill can be passed in the state legislature.