Can West Bengal enact its own Uniform Civil Code? What the Constitution says and the legal hurdles ahead | WION Decodes
&imwidth=600&imheight=450&format=webp&quality=medium "Can West Bengal enact its own Uniform Civil Code? What the Constitution says and the legal hurdles ahead | WION Decodes")
West Bengal Chief Minister Suvendu Adhikari Photograph: (ANI)
In a move that could trigger a major constitutional debate, the West Bengal government has signalled its intention to introduce a Uniform Civil Code Bill in the Assembly. But can an Indian state do that? What does the Constitution say? WION Decodes.
West Bengal is set to become the latest battleground in India's long-running debate over the Uniform Civil Code (UCC). After Gujarat, Uttarakhand and Assam moved ahead with their own versions of the law, the Bengal government has now signalled that it wants to follow a similar path. State minister Jagannath Chattopadhyay has said a UCC Bill will be introduced in the Assembly on June 29 (Monday), while Chief Minister Suvendu Adhikari has announced the formation of a committee to examine its implementation.
Can a state enact its own Uniform Civil Code, or is that a matter reserved exclusively for Parliament? WION Decodes.
Can Indian states enact their own UCC? What does the Constitution say?
Yes, a state can pass its own UCC. But whether it will survive judicial scrutiny is a different question altogether. The constitutional basis for a Uniform Civil Code comes from Article 44, which says, "The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India."
However, there is an important caveat. Article 44 is part of the Directive Principles of State Policy. Under Article 37, these principles are fundamental to governance but are not enforceable by courts. In simple terms, the Constitution encourages governments to pursue a UCC but does not legally compel them to do so.
Meanwhile, subjects such as marriage, divorce, adoption, maintenance, inheritance and succession fall within the Concurrent List of the Constitution. This means both Parliament and state legislatures can make laws on these matters.
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That constitutional arrangement is what allowed Uttarakhand to enact India's first state-level UCC in 2024. Gujarat and Assam followed, and Bengal now appears ready to join that list.
Why could a Bengal UCC end up in court?
Even if the Assembly passes the Bill, legal challenges are almost certain. The biggest battle is likely to centre on the clash between Article 44 and Articles 25 to 28 of the Constitution, which guarantee religious freedom.
Critics of the UCC argue that personal laws are deeply intertwined with religious practice and cultural identity. Any attempt to replace community-specific laws with a common civil code could be challenged as an infringement on religious freedoms, particularly by minority groups.
Supporters, however, point to Article 14, which guarantees equality before the law, arguing that a uniform code is necessary to remove gender discrimination embedded in some personal laws.
This constitutional tension has surfaced repeatedly in landmark cases such as Shah Bano and Sarla Mudgal, where the Supreme Court favoured the idea of a UCC while simultaneously stressing the need for social consensus.
Could it clash with Central laws?
Another challenge involves federalism. India already has a network of Central laws governing family matters, including the Special Marriage Act, Hindu Marriage Act and various succession laws.
Legal experts say courts may have to determine whether a Bengal UCC overlaps with or contradicts these existing statutes.
Questions could also arise over whether certain provisions create a "self-contained code" that overrides other laws. Similar issues have emerged in recent litigation involving West Bengal and other state legislation.
Simply put, the courts may be asked to decide where state power ends and Central law begins.
UCC vs personal laws: What is really changing?
At its core, the debate is about whether family matters should continue to be governed by religion-specific laws or by a single secular legal framework. Under the current system, different communities follow different rules for marriage, divorce, succession and inheritance. Hindu, Muslim, Christian and other personal laws often differ significantly in these areas.
A UCC seeks to replace those separate systems with one common set of rules applicable to all citizens regardless of religion.
Supporters argue this would strengthen gender justice, eliminate discriminatory practices and promote legal uniformity.
Opponents counter that personal laws are part of India's pluralistic fabric and that imposing a common code risks undermining cultural and religious diversity.
