Following the recent approval of the Gujarat legislation, the legal push for a common civil code reached another milestone as President Droupadi Murmu cleared the Assam Uniform Civil Code Bill, 2026. This double assent places Gujarat and Assam alongside Uttarakhand as the only three states in independent India to codify a comprehensive, uniform set of personal laws.
As covered earlier when the Gujarat UCC Bill received presidential assent, these state-level enactments aim to replace religion-specific personal laws with a unified legal framework. Now, with Assam also receiving formal approval from the President on September 29, 2026—shortly after Gujarat was cleared on September 17 and gazetted on October 1—the focus shifts entirely to implementation.
The Expansion of State-Level Civil Codes
Uniform civil laws have sparked intense debate in India for decades. While Goa has long operated under the pre-independence Portuguese Civil Code of 1867, post-independence state assemblies rarely attempted complete uniform codes until recently. Uttarakhand became the first state to take that step, and now Gujarat and Assam have completed their legislative hurdles at the central level.
The Assam Legislative Assembly passed its UCC bill on May 27, 2026, following a five-hour floor debate, with the initial draft prepared in roughly ten days. In contrast, Gujarat’s legislation was drafted by an expert committee led by retired Supreme Court judge Justice Ranjana Prakash Desai before clearing the assembly on March 24 after an eight-hour debate. Both states have now crossed the constitutional checkpoint under Article 201, which requires state bills reserved for the President’s consideration to receive presidential assent before they become law.
Key Provisions: What Changes Under the Code?
Both the Gujarat and Assam codes fundamentally restructure how personal matters are treated under the civil legal system. The rules govern four core areas: marriage, divorce, inheritance, and cohabitation.
- Mandatory Marriage Registration: Marriages must be registered, typically within 60 days of the ceremony. If a couple fails to register their marriage within the specified timeframe, they face a penalty of up to ₹10,000.
- Complete Ban on Polygamy: The laws prohibit both polygamy (having multiple wives) and bigamy (marrying while already married). Entering into a marriage through fraud, force, or coercion attracts a prison sentence of up to seven years.
- Regulated Divorce Procedures: Customary or out-of-court divorces are rendered invalid under the law. All dissolutions of marriage must pass through court approval and official registration. Dissolving a marriage outside the court system carries a potential prison term of up to three years. Practices such as triple talaq and nikah halala are completely barred, and women face no extra conditions if they choose to remarry.
- Equal Property Rights: Succession rules establish gender equality in inheritance. Sons and daughters now hold identical rights to parental property, overriding personal laws that provided disparate inheritance shares.
- Mandatory Registration of Live-in Relationships: Unmarried partners living together must formally register their relationship with the designated authorities and report its termination. Children born from these relationships hold full legal legitimacy and inheritance rights over the father’s assets. Women deserted by live-in partners can formally seek maintenance in court.
Scheduled Tribes Exempted From the Framework
A significant aspect of both the Gujarat and Assam legislations is the statutory exemption granted to tribal communities. Tribal customs surrounding marriage, lineage, and community land ownership are protected by specific constitutional safeguards.
To respect these community traditions, the state governments explicitly carved out Scheduled Tribes from the application of the UCC. In Assam, where Scheduled Tribes account for 12.45% of the total population, community practices remain governed by customary rules rather than the newly enacted uniform provisions. Gujarat has similarly kept its tribal population outside the scope of its code.
What the Law Says: The Constitutional Dimension
The push for these bills originates from Article 44 of the Constitution of India, located within the Directive Principles of State Policy. Article 44 states that the State shall endeavor to secure for citizens a Uniform Civil Code throughout the territory of India.
Because family laws, succession, and marriage fall under Entry 5 of the Concurrent List (List III of the Seventh Schedule), both Parliament and State Legislatures hold the legislative competence to draft rules on these subjects. However, under Article 254(2) of the Constitution, when a state law conflicts with existing central statutes on a concurrent matter, it requires the assent of the President to take precedence within that specific state. President Murmu’s approval fulfills this constitutional requirement.
Political Reactions and Concerns Raised
The approvals have drawn sharp reactions across the political spectrum. Proponents argue that the enactments deliver on long-delayed constitutional goals and protect vulnerable individuals. State representatives supporting the bills emphasized that standardizing rules on maintenance, divorce, and inheritance directly advances women’s equality across all communities.
Conversely, opposition leaders raised substantial objections. In Assam, legislators opposed to the move argued that imposing standardized personal codes risks igniting social friction and interferes with religious traditions protected under personal law. Others pointed out that the bill was drafted in ten days without a dedicated judicial drafting committee, contending that existing laws against child marriage and domestic violence were already adequate to address abuses.
What Happens Next?
While President Murmu has granted assent to both bills, the laws do not take immediate practical effect on the ground. A statute cannot be enforced until administrative mechanisms are operational.
The state governments of Gujarat and Assam must now formulate, draft, and formally notify the detailed operational rules. These rules will set out how registrations will occur, appoint competent authorities, create online portals, and establish enforcement machinery. Once these rules are formally gazetted by the respective state administrations, the uniform civil codes will officially come into force for citizens living in those states.
Presidential assent brings Gujarat and Assam into a new phase of civil governance, turning long-debated legal concepts into enforceable state laws.
Story reported by India News: Latest India News, Today breaking News Headlines, Real-time News coverage from India | Hindustan Times | Hindustan Times. This article is BareLaw’s independent explanation and analysis.
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