Chief Minister Devendra Fadnavis on Thursday announced plans to implement a Uniform Civil Code (UCC), adding Maharashtra to the growing list of BJP states aiming to implement a common civil law framework for all citizens. Fadnavis announced the formation of a seven-member panel, headed by retired Supreme Court judge Justice Ranjana Desai, to draft the legislation, saying that efforts will be made to introduce the legislation in the winter session.
Uttarakhand is the first state after Independence to enact a UCC, followed by Gujarat and Assam. Other BJP-ruled states to have announced plans to implement a UCC include West Bengal, Madhya Pradesh, Rajasthan, Uttar Pradesh and Chhattisgarh.
The Uniform Civil Code refers to a common set of civil laws governing personal matters such as marriage, divorce, inheritance, adoption and succession irrespective of religion. Article 44 of the Constitution directs the state to endeavour to secure a uniform civil code for citizens, though it remains a Directive Principle and is not legally enforceable.
The BJP’s state-by-state approach to implement the UCC is driven by constitutional, political and strategic considerations. States can legislate on personal laws under the Concurrent List, allowing the party to advance the policy without waiting for a nationwide law amid political and coalition constraints. Drafting and implementing a UCC raises practical questions on personal laws, exemptions and administration. State-level laws allow governments to test legal frameworks and administrative mechanisms before considering broader national legislation. Maharashtra’s decision to appoint an expert committee reflects this approach, say experts.
“A nationwide UCC is more politically contentious because it affects all states and communities. The BJP’s NDA coalition includes regional parties that have expressed reservations, particularly over its impact on customary and tribal laws. Rolling it out in BJP-ruled states avoids some of those coalition pressures while keeping the issue alive,” explain party leaders.
Union Home Minister Amit Shah has repeatedly said that the party intends to implement a UCC in every state where it is in power and Uttarakhand has been presented by the BJP as a model for other BJP-ruled states.
Interestingly, Goa remains the only state where a common civil law has been in operation for decades. The state follows the Portuguese Civil Code of 1867, which continued after Goa’s liberation and governs marriage, divorce and succession, though it contains some community-specific exceptions.
Gujarat’s UCC largely mirrors Uttarakhand’s provisions on marriage, succession and live-in relationships but imposes stricter penalties for non-registration while exempting Scheduled Tribes. Assam, the third state to adopt the UCC, largely follows the Uttarakhand model, covering marriage, divorce, inheritance and live-in relationships, while excluding tribal communities. It also prescribes imprisonment in certain cases of non-compliance relating to live-in relationship registration.