Uniform Civil Code: Article 44, Goa, Uttarakhand and the Law Commission
Why in news: Maharashtra's Uniform Civil Code Committee launched its website and a 37-question public consultation on 15 October 2026.
A Uniform Civil Code is one set of civil laws on marriage, divorce, succession and related matters for all citizens, whatever their religion. Article 44, a Directive Principle, asks the State to endeavour to secure it. Maharashtra's Uniform Civil Code Committee opened a 37-question public consultation on 15 October 2026, with suggestions due by 15 November.
Syllabus: GS2 · Constitution; GS2 · Federalism & Local Government; Prelims · Polity & Governance
Why this matters for UPSC
GS2 polity: Directive Principles, Centre-State legislative relations and secularism. Prelims can ask about Article 44, Article 37, Entry 5 of the Concurrent List and the Goa and Uttarakhand codes; Mains, about personal laws and gender justice.
In short
A Uniform Civil Code is one civil law on marriage, divorce, adoption and succession for every citizen; Article 44 makes it a non-justiciable goal, weighed against religious freedom and diversity.
Article 44 is best served by first removing discrimination against women within each personal law, so that uniformity strengthens equality without erasing protected diversity.
Why it matters
For any couple, family law decides how they marry, how they may divorce and who inherits their home. Today people of different faiths can be governed by different rules on divorce, maintenance and a share of family property, and the Law Commission found that several of these rules leave women worse off. A single code would give everyone the same rules, but it would also displace customs that many communities hold as part of their identity, and tribal customary law is protected in several States. In Uttarakhand, couples who live together without marrying must now register, and a deserted woman can claim maintenance. Maharashtra's questionnaire puts such choices to ordinary residents before a law is drafted.
Prelims pointers
- Article 36: in Part IV, 'the State' has the same meaning as in Part III on Fundamental Rights.
- Article 254(2): Parliament may still add to, amend or repeal a State law that prevailed through the President's assent.
- Entry 5, List III: marriage and divorce, infants and minors, adoption, wills, intestacy and succession, joint family and partition.
- Goa, Daman and Diu (Administration) Act, 1962: kept pre-liberation laws in force; Goa became a full-fledged State in 1987.
- Uttarakhand Code, section 2: excludes Scheduled Tribes under Article 366(25) read with Article 342, and groups whose customary rights Part XXI protects.
- Uttarakhand Code, section 4: the man must be 21 and the woman 18, and neither may have a living spouse.
- Article 371A: no Act of Parliament on Naga religious or social practices or customary law applies to Nagaland unless its Assembly so resolves.
Practise a UPSC-style question
With reference to the Uniform Civil Code in the Constitution of India, consider the following statements:
1. Article 44, which deals with a uniform civil code, is placed in Part III among the Fundamental Rights.
2. Article 37 declares the principles of Part IV fundamental in the governance of the country, though no court can enforce them.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Show the answer
Answer: (b) 2 only
Answer: (b) 2 only. Article 44 is a Directive Principle in Part IV, and Article 37 makes such principles non-justiciable but fundamental.
Statement 1: incorrect. Article 44 lies in Part IV, the Directive Principles of State Policy, not in Part III on Fundamental Rights.
Statement 2: correct. Article 37 says Part IV cannot be enforced by any court, yet its principles are fundamental in governance and guide law-making.
Eliminate: Statement 2 is the text of Article 37, so it is correct. Out: (a), (d).
Eliminate: Statement 1 is wrong because Article 44 is in Part IV. Out: (c).
Trap: Wrong scope. The uniform civil code is often debated as a matter of rights, so placing it among the Fundamental Rights sounds natural; the Constituent Assembly kept it a non-justiciable directive.
Remember: Article 44 = Part IV, a Directive Principle; Article 37 = not enforceable by courts, but fundamental in governance.
More Explainers
- State Legislative Councils: Articles 168-172 and the graduates' and teachers' seats Polity
- Whales and dolphins in Indian waters: legal protection, IUCN status and strandings Environment
- The Aligarh Movement, AMU and the Article 30 minority test Polity
- Environmental clearance by States: SEIAA, SEAC and the EIA Notification, 2006 Environment
- Software vulnerabilities: CVE, CVSS, coordinated disclosure and CERT-In's role Sci-Tech
- Drug trafficking law in India: NDPS Act, PIT-NDPS, NCB and NCORD National
- Choosing the UN Secretary-General: Article 97, UNSC veto and straw polls World & IR
- UN Convention against Torture, and why India has not ratified it Polity
- NavIC: why India's navigation constellation cannot give a standalone position Sci-Tech
- International Energy Agency: membership, 90-day oil stocks and India's status World & IR
- PM Surya Ghar: Muft Bijli Yojana and the rooftop solar subsidy Economy
- HFSS foods: FSSAI's draft limits and front-of-pack warning labels National