The Gujarat Legislative Assembly has passed the ‘Gujarat Uniform Civil Code, 2026’, making it the second state in India after Uttarakhand to adopt a Uniform Civil Code. The bill was passed through a majority voice vote following extensive debate and is based on recommendations of a state-appointed panel.
The legislation aims to establish a common legal framework governing personal laws such as marriage, divorce, succession, and live-in relationships, irrespective of religion, marking a significant step toward legal uniformity and equality.
Key Highlights
- Title: Gujarat Uniform Civil Code, 2026
- Gujarat becomes 2nd state after Uttarakhand (2024) to adopt UCC
- Applies to:
- Residents within Gujarat
- Gujaratis living outside the state
- Exemptions:
- Scheduled Tribes (STs)
- Groups with constitutionally protected customary rights
- Covers: Divorce, Divorce, Marriage, Succession, Live-in relationships
Major Provisions of the Bill
| Provision | Details |
| Marriage | Valid only if neither party has a living spouse |
| Bigamy | Prohibited under the Code |
| Live-in Relationships | Mandatory registration and formal termination process |
| Applicability | Uniform across religions (with specified exemptions) |
| Objective | Create a unified legal framework for personal laws |
Objective
The bill’s “Objects and Reasons” emphasize the creation of a uniform legal system based on constitutional principles, ensuring equal treatment of citizens irrespective of religion. It seeks to eliminate legal disparities arising from different personal laws and move towards a more cohesive and equitable civil framework, reflecting public aspirations for equal justice.
Comparison with Uttarakhand UCC
| Aspect | Gujarat UCC (2026) | Uttarakhand UCC (2024) |
| Status | Second state to adopt | First state to adopt |
| Focus | Uniform personal laws | Uniform personal laws |
| Exemptions | STs & protected groups | Similar exemptions |
| Coverage | Marriage, divorce, succession, live-in | Similar scope |
| Policy Trend | Expanding UCC adoption | First mover |
Constitutional Provisions Related to UCC
- Article 44 of the Indian Constitution: Directs the State to strive for a Uniform Civil Code
- Article 14 of the Indian Constitution: Guarantees equality before law and equal protection of laws
- Sixth Schedule of the Constitution: Protects customary laws in tribal areas (mainly Northeast India)
Legal Context
Currently, personal laws in India vary across religions. For instance, the Hindu Succession Act, 1956 governs inheritance among Hindus. The introduction of UCC aims to replace such religion-based legal systems with a uniform framework applicable to all citizens, while balancing constitutional protections for specific communities.
Key Issues & Debate
- Supporters argue:
- Promotes equality and uniformity
- Removes religion-based discrimination in personal laws
- Critics argue:
- May conflict with fundamental rights (Article 14 concerns)
- Could impact cultural and religious freedoms