On an intensely significant Wednesday, June 14, the 22nd Law Commission of India took a resolute step towards unifying the country under a single umbrella of law and justice. The Commission, a collective body of eminent jurists and academicians, threw open the doors to an open dialogue, inviting the views of religious organisations and the public at large on the long-debated subject of a Uniform Civil Code (UCC). A pioneering movement that holds the promise of unity in the vibrant diversity that India symbolizes.

At the helm of this ambitious endeavor is the astute former Chief Justice of Karnataka High Court, Ritu Raj Awasthi, a beacon of justice and equality. The Commission comprises illustrious members including the retired High Court Judge, Justice K T Sankaran, known for his steadfastness; Professor Anand Paliwal, the thoughtful academic; Professor D P Verma, a scholar of profound insights; Professor Raka Arya, a beacon of wisdom; and M Karunanithi, a stalwart in the legal fraternity. Their collective intellect and expertise are set to shape the discourse on the UCC.

A formal notice issued by the Commission pulsated with the urgency and importance of the subject. It encouraged individuals and institutions, eager and willing to contribute to this historical discourse, to present their perspectives within a period of 30 days. This was not merely a notice, but a clarion call for every citizen to partake in the shaping of our nation's future.

This groundbreaking initiative by the Commission is not without precedent. Eight months prior, the Centre, in its wisdom, had acknowledged to the Supreme Court the constitutional obligation of the State to formulate a UCC for its citizens. This was a commitment to the very ethos of our nation, recognizing the shared destiny of our people, and admitting that the existence of diverse property and matrimonial laws for different religions and denominations was a grievous affront to our cherished unity.

The Centre's acknowledgment came in response to numerous petitions that yearned for uniformity in laws governing matters of profound personal importance, such as divorce, succession, inheritance, adoption, and guardianship. In October 2022, the Centre took a solemn pledge before the apex court, affirming that the constitution indeed obligated the State to provide a UCC for its citizens. Moreover, it was unequivocally declared that this momentous matter would be placed before the 22nd Law Commission for thorough examination.

The bold move of the Law Commission signifies a monumental stride towards establishing a unified law in the country, resonating with the hopes of millions who believe in the strength of a unified India. It's not just a legal amendment, but an emotional transformation to bring about a future where every Indian citizen, irrespective of their religious or cultural background, stands equal before the law.

Why has the Opposition opposed the move?

The political canvas of India has always been vibrant with a variety of perspectives and ideologies, and the question of the Uniform Civil Code is no exception. The opposition to the proposal, led by the Congress, has a particular resonance. Their contention, firmly rooted in the observation of the 21st Law Commission, proclaims the Uniform Civil Code to be “neither necessary nor desirable at this stage.” A stance that suggests the country is not prepared or willing to merge its multifaceted personal laws under a single umbrella. The Congress, voicing their concern to the 22nd Law Commission, warned that the interests of the nation should not be conflated with the political ambitions of the ruling BJP.

Meanwhile, other prominent political parties like JD(U), RJD, the Left, and the Trinamool Congress have added their voices to the chorus of dissent, expressing their disapproval of the government's move. On the other hand, the silence of Sena (UBT) and the AAP, parties which had previously endorsed the idea of a UCC, reverberates loud, indicating the complexity and sensitivity of the issue at hand.

What did the 21st Law Commission Say on the matter?

To understand the current controversy, it's imperative to reflect upon the past. The 21st Law Commission, back in 2018, underlined their stance that the implementation of a Uniform Civil Code was “neither necessary nor desirable at this stage.” The Commission advocated for a more nuanced approach, favoring the reform of family laws across all religions through amendments and codification of certain aspects, thereby ensuring they are gender-just.

In its 'Consultation Paper on Family Law Reforms,' the Commission promoted a doctrine of “equality ‘within communities’ between men and women” (personal law reform), as opposed to “equality between” communities (UCC). It held the mirror up to the nation, showcasing the colourful tapestry of cultural diversity that defines India, cautioning that this diversity cannot be compromised to the extent that our quest for uniformity becomes a threat to the territorial integrity of the nation. Emphasising that while celebrating the diversity of Indian culture, no specific groups should be disadvantaged. The Commission also underscored that women should be guaranteed their freedom of faith without any compromise on their right to equality, thus establishing that a choice between the two would be unjust.

Unfolding Scenario: The Current Law Commission’s Directive on the Issue As the wheels of time turn, the current Law Commission has reopened the discourse on the Uniform Civil Code without making any concrete recommendations yet. This move has stirred the proverbial hornet's nest, and Congress's communication head, Jairam Ramesh, points out the irony. He finds it intriguing that the Law Commission is seeking a fresh reference when it acknowledges its predecessor, the 21st Law Commission, had already published a consultation paper on the subject in August 2018. He questions the Commission's rationale for revisiting the subject, with no clear reasons provided apart from vague references to the relevance and importance of the subject, and to various court orders. This further fuels the ongoing debate on the necessity and desirability of the Uniform Civil Code.

Understanding the Concept: What is Uniform Civil Code?

A Uniform Civil Code (UCC) in India represents a beacon of unity, a clarion call for equal rights that transcends religious and cultural boundaries. The idea of a UCC suggests the existence of a single, comprehensive law that would apply to all citizens of the country, irrespective of their religious affiliations in personal matters like marriage, divorce, inheritance, adoption, and more. This inclusive law aims to replace the tapestry of varied personal laws, each intricately woven with religious and cultural threads that currently govern these issues.

Diving into the existing legal landscape in India, one finds a labyrinth of complex and diverse personal laws. A myriad of legal frameworks govern different religious communities. For instance, Hindus including Sikhs, Jains and Buddhists abide by one set of laws, Muslims adhere to another, Christians follow their own, and there are further distinct laws for followers of other faiths. This diversity within Indian personal law mirrors the vibrant religious diversity that marks the Indian ethos.

As noted by Faizan Mustafa, an eminent expert of constitutional law, the complexity of Indian personal law doesn't stop at religious diversity but percolates down to intra-community diversity as well. He points out that not all Hindus, Muslims, or Christians across the country are governed by the same law. This is particularly evident in the Northeastern part of India, where over 200 tribes with their unique customary laws coexist. The Indian Constitution itself protects these local customs, evident in states like Nagaland, Meghalaya, and Mizoram, thereby acknowledging and preserving the rich ethnic diversity of these regions. In fact, even the reformed Hindu law, despite its codification, protects customary practices, underlining the complex layering of the legal landscape in India.

The Fascinating Case of Goa: The Exception to the Rule Amidst this kaleidoscope of diverse laws, Goa stands out as a fascinating example of the possibility of a UCC. This coastal state represents a unique model where a common law, pertaining to marriages, divorces, and adoption, applies to all religious communities. The existence of this common legal framework, despite the religious diversity in Goa, paves the way for meaningful dialogue about the feasibility of a Uniform Civil Code at a national level. It kindles the hope that it is possible for diverse communities to coexist under a common legal umbrella without losing their cultural identities, thereby making the dream of UCC a plausible reality for India.

The Constitutional Mandate: What Does it Say About a Uniform Civil Code?

As we traverse the maze of Indian legislation, we encounter Article 44, a critical provision nestled within the Constitution of India. Article 44 shines like a beacon of uniformity amidst diversity, echoing a bold yet nuanced aspiration - the quest for a Uniform Civil Code (UCC) for all citizens across the diverse landscape of India.

This key provision forms part of the Directive Principles of State Policy, which serves as a guiding star for the governance of the country. These principles, however, are not legally enforceable through courts, their primary role being to inform, guide, and inspire the state's policy-making and governance.

But within the galaxy of Directive Principles, Article 44 gleams with a unique luster. As constitutional expert Faizan Mustafa points out, the phraseology of Article 44 subtly distinguishes it from other articles in this chapter. The wording "state shall endeavour" used in this article contrasts with other directive principles that use terms like "in particular strive", "shall in particular direct its policy", "shall be obligation of the state" and so on. Further, the phrase "by suitable legislation" is notably absent in Article 44. This omission, intentional or otherwise, is thought-provoking.

The above linguistic nuances have profound implications, suggesting that the onus placed upon the state to achieve other directive principles may, in fact, surpass the obligation placed by Article 44. Despite this potential limitation, the inclusion of the provision for a UCC within the Constitution signals its immense importance. It symbolizes a fervent hope, a national aspiration, that our diverse nation might one day unite under a single legal code that respects individual faiths but stands as a shared testament to our collective commitment to justice and equality. This shared commitment and hope shine through in Article 44, softly whispering of a nation united in its diversity.

Why is there no Uniform Code for Personal Law?

As we delve into the complexity of this issue, we must turn to three crucial Articles within the Indian Constitution - Articles 25, 26(b), and 29. Each of these constitutional provisions forms a substantial part of the foundation upon which the personal laws of diverse religions are established in India.

Article 25 upholds an individual's inviolable right to religion. This fundamental right is akin to the lifeline that nurtures the soul of a pluralistic society like India. It shapes the essence of an individual's faith, belief, and adherence to religious customs.

On the other hand, Article 26(b) safeguards the rights of religious denominations or any of their sections to autonomously manage their affairs in matters of religion. This provision supports the preservation of the unique fabric of each religious group, enabling them to uphold and foster their religious norms, rituals, and practices.

Additionally, Article 29 confers the right to conserve a group's distinct culture. This further reinforces the colorful tapestry of India's cultural diversity, strengthening each strand of the nation's pluralistic ethos.

However, these freedoms aren't absolute. While Article 25 qualifies an individual’s right to religion with conditions pertaining to "public order, health, morality", it does not significantly restrict religious groups' freedom under Article 26.

This intricate interplay of fundamental rights has significant implications for the discourse on the Uniform Civil Code. For example, RJD Rajya Sabha member Manoj Kumar Jha in conversation with The Indian Express urged a revisitation of the Constituent Assembly debates. He underscored the historical mistrust among different communities, which he argued as a critical factor for the Assembly's decision to abstain from implementing a UCC.

In Jha's view, unresolved mistrust and animosity persist in contemporary India. A hasty imposition of a UCC, without resolving these deep-seated divisions, might inadvertently deepen the chasm between communities. Thus, he urged a sensitive and considerate approach that acknowledges the complex socio-cultural landscape of India.

This perspective elucidates the immense challenges surrounding the pursuit of a UCC. It illuminates the inherent tension between respecting the diversity of religious beliefs and cultures on one hand, and establishing a uniform set of laws for all citizens on the other. The road to a UCC is filled with constitutional, socio-cultural, and political hurdles. Yet, the spirit of Article 44, advocating for a UCC, kindles the flame of hope for a more unified and inclusive future for India.

The Path Forward: What's Next?

The next 30 days are crucial, for they signify an instrumental phase in the endeavor towards the Uniform Civil Code. During this period, the Law Commission will open its doors wide to welcome a range of perspectives from the public and stakeholders. This exercise carries immense potential to enrich the deliberation on UCC with varied viewpoints and nuanced insights, thus bringing us closer to a comprehensive understanding of the issue.

The Commission's notice has provided considerable freedom to the stakeholders to express their thoughts on the UCC. They are encouraged to craft consultation papers, discussion documents, or working papers, elaborating their standpoints on the UCC's different aspects. This proactive encouragement ensures that the voices of all involved parties are heard and considered, creating a conducive environment for open dialogue.

The Commission has also hinted at the possibility of arranging personal hearings or discussions, if necessary. This step could provide an opportunity for direct interaction between the Commission and stakeholders, allowing for a deeper exploration of the complex layers of the UCC debate.

Once this rigorous process of consultation and discussion concludes, the Law Commission will revisit the UCC's question. It will synthesize the varied viewpoints, analyze the dynamics of the discourse, and finally make observations or recommendations. While it is unknown how these will align or differ from the previous Commission's observations, it is certain that the findings will play a pivotal role in shaping the future of the UCC.

Meanwhile, on the political stage, the UCC remains a hot-button issue, particularly for the Bharatiya Janata Party (BJP). For years, the BJP has been a vocal advocate for the UCC, consistently referencing Article 44 of the Constitution to bolster its position. As the 2024 General Elections loom on the horizon, the BJP is expected to amplify its call for a UCC, bringing this issue back into the national spotlight.

Thus, as we inch closer to the deadline, the air buzzes with anticipation. Will these 30 days yield a consensus that paves the way for a UCC, or will they further intensify the debate? Only time will tell. But one thing is clear - the conversation around UCC is about to enter a new phase, one that could mark a significant milestone in India's journey towards greater social unity and legal uniformity.

Want to voice your opinion on the Uniform Civil Code? Here's how you can contribute to the Law Commission of India's Consultation

In a recent announcement, the 22nd Law Commission of India has sought fresh insights from the public and recognized religious organizations about the controversial issue of the Uniform Civil Code (UCC). With the acknowledgement of its relevance and significance, particularly in light of various court orders on the matter, the Commission has decided to revisit the discussion on the UCC.

Your opinion can play a crucial role in these discussions. So, if you wish to contribute your perspective to this national dialogue, the Commission has outlined a systematic process for the submission of views. Here's a step-by-step guide on how to share your thoughts and suggestions on the UCC:

1. Initiating the Process: Start by opening your internet browser and visit the dedicated UCC page on the Law Commission's website: https://legalaffairs.gov.in/law_commission/ucc/

2. Filling Personal Details: On reaching the page, you will find a form that requests basic personal and contact information. These details include your name, phone number, affiliation to an organization (if applicable), residential address, state, district, and pin code.

3. Choice of Submission: Following this, you will have two options to submit your views – uploading a PDF document or typing directly into a provided text box.

4. Uploading a PDF: If you choose to upload your views in a PDF format, an interface will prompt you to add the relevant file from your device. Please ensure that the PDF file does not exceed the maximum size of 2MB.

5. Typing Suggestions Directly: Alternatively, if you opt for 'Suggestions in Words', a text box will appear on the screen where you can type your views directly.

6. Submission: Once you have entered your views either via the PDF or directly in the text box, press the 'Submit' button to finalize your contribution.

Apart from this online submission process, the Law Commission of India also accepts views through other modes. You can send your views via e-mail to the Member Secretary of the Law Commission at This email address is being protected from spambots. You need JavaScript enabled to view it..

Additionally, you are free to send your views in the form of consultation papers, discussion documents, or working papers pertaining to any issue related to the UCC. These can be sent to 'Member Secretary, Law Commission of India, 4th Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110 003.'

Remember, the Commission retains the right to invite individuals or organizations for personal hearings or discussions if required. So, let your voice be heard and play your part in shaping the future of our nation.