The Gujarat UCC Bill, 2026 has received the President’s assent, making Gujarat the second state after Uttarakhand to enact a Uniform Civil Code. This note explains the Gujarat UCC and the constitutional framework behind it.
Why in News?
President Droupadi Murmu assented to the Gujarat Uniform Civil Code Bill, 2026.
Gujarat becomes the second state after Uttarakhand to enact a UCC; enforcement awaits rules notified by the state government.
Gujarat UCC: Key Facts for Prelims
- A UCC means one set of secular laws on marriage, divorce, inheritance, succession and adoption for all citizens irrespective of religion.
- Article 44 (DPSP, Part IV): ‘The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.’
- Non-justiciable: like all DPSPs, Article 44 cannot be enforced by courts (Article 37).
- Legislative competence: personal law falls under Entry 5 of the Concurrent List – both Parliament and states can legislate.
- Why President’s assent? A state law on a Concurrent List subject that conflicts with a central law prevails in that state only if it receives the President’s assent (Article 254(2)).
- Uttarakhand was the first state to enact a UCC (passed 2024, enforced January 2025).
Interconnected static points
- Goa has long had a common civil code – the Portuguese Civil Code of 1867, continued after liberation in 1961.
- Key judgments urging a UCC: Shah Bano (1985), Sarla Mudgal (1995) and the triple talaq case Shayara Bano (2017).
- The 21st Law Commission (2018) said a UCC was ‘neither necessary nor desirable’ at that stage; the 22nd Law Commission sought fresh public views in 2023.
- Article 200: the Governor may reserve a state Bill for the President’s consideration; Article 201 covers the President’s decision.
- Tribal customary laws are protected under the Sixth Schedule and Articles 371A/371G – a common debate point in UCC questions.
Quick Revision Table: Gujarat UCC
| Point | Detail |
|---|---|
| Law | Gujarat Uniform Civil Code Act, 2026 |
| Status | President’s assent received; rules awaited |
| Rank among states | Second, after Uttarakhand |
| Constitutional basis | Article 44 (DPSP) |
| Enforceability | Non-justiciable (Article 37) |
| Subject list | Concurrent List, Entry 5 |
| Why assent needed | Article 254(2) repugnancy rule |
| Old common code | Goa – Portuguese Civil Code, 1867 |
Trap / Confusing Points: Gujarat UCC
| Confusion | Correct Position |
|---|---|
| Article 44 is a Fundamental Right | No – it is a Directive Principle in Part IV |
| Only Parliament can enact a UCC | No – personal law is on the Concurrent List; states can legislate |
| Gujarat is the first state with a UCC law | No – Uttarakhand was first; Goa has an older civil code |
| Presidential assent makes the law effective immediately | No – enforcement awaits state rules |
5 Practice MCQs on Gujarat UCC
1. Which Article of the Constitution deals with a Uniform Civil Code?
a. Article 25
b. Article 44
c. Article 48
d. Article 51A
Ans: B
Explanation: Article 44 is a Directive Principle on a UCC.
2. With the President’s assent, Gujarat became the ___ state to enact a UCC law.
a. First
b. Second
c. Third
d. Fourth
Ans: B
Explanation: Uttarakhand was first; Gujarat is second.
3. Personal laws such as marriage and succession fall under:
a. Union List
b. State List
c. Concurrent List
d. Residuary powers
Ans: C
Explanation: Entry 5 of the Concurrent List.
4. A state law on a Concurrent List subject repugnant to a central law can prevail in that state if:
a. The Governor assents
b. It receives the President’s assent
c. The High Court approves
d. Rajya Sabha passes a resolution
Ans: B
Explanation: Article 254(2) allows this with Presidential assent.
5. Which Indian state has historically followed the Portuguese Civil Code of 1867?
a. Kerala
b. Goa
c. Puducherry
d. Daman
Ans: B
Explanation: Goa continued the 1867 code after 1961.
Exam tip: The Gujarat UCC story is best revised through Article 44, Article 254(2) and the Concurrent List entry – these three links answer most prelims questions.
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