Madhya Pradesh Government forms six-member panel under retired Supreme Court Judge for UCC draft bill

The push for a Uniform Civil Code is rooted in Article 44 of the Constitution of India, which is part of the Directive Principles of State Policy (DPSP). It directs the State to endeavor to secure for the citizens a uniform civil code throughout the territory of India. The core UPSC debate centers on whether states have the constitutional authority to enact their own UCCs. Family law subjects like marriage, divorce, inheritance, and adoption fall under the Concurrent List (Entry 5) of the Seventh Schedule. Therefore, both the Parliament and State Legislatures can make laws on these subjects. However, if a state law contradicts a central law (like the Hindu Marriage Act or Special Marriage Act), the state law requires the President's assent under Article 254(2) to prevail within that state. Aspirants must analyze the implications of fragmented, state-specific UCCs on the constitutional ideal of uniformity across the nation, as intended by the framers.

A Uniform Civil Code aims to replace personal laws based on the scriptures and customs of various religious communities with a common set of laws governing every citizen. This touches upon sensitive issues of secularism, religious freedom guaranteed under Article 25 and Article 26, and the rights of minorities. The primary argument in favor of a UCC is to promote gender justice and equality, as many traditional personal laws are inherently patriarchal and discriminatory against women in matters of inheritance, marriage (e.g., polygamy), and divorce. For UPSC Mains, evaluate the tension between the right to equality (Article 14) and the right to freedom of religion. A key aspect is whether a UCC should be a 'common denominator' of all personal laws or an entirely new secular code. The challenge lies in drafting a code that ensures gender equity without homogenizing India's diverse cultural practices, especially concerning tribal customs protected under provisions like Article 371A and Article 371G.

The formation of expert committees, often headed by retired judges, is a standard governance mechanism for drafting complex legislation. This approach aims to ensure legal soundness and incorporate diverse stakeholder perspectives. However, the 60-day timeframe given to the Madhya Pradesh committee might be perceived as politically motivated, potentially prioritizing speed over comprehensive consultation. For UPSC, this highlights the broader governance challenge of implementing highly contentious reforms. Successful implementation of a Uniform Civil Code requires extensive public consensus-building, as recommended by the 21st Law Commission of India, which suggested reforming personal laws individually rather than imposing a single UCC immediately. Analyze the potential social friction and administrative challenges states face when attempting to overhaul deeply ingrained personal laws. Questions may arise regarding the political economy of state-level UCC initiatives and whether they are meant for genuine social reform or political signaling.