BJP Govts Pursue State-by-State Approach to Uniform Civil Code in Strategic Shift

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After introducing UCC laws in Uttarakhand, Gujarat and Assam, the BJP is expanding its state-level strategy on the issue

NEW DELHI — The Bharatiya Janata Party (BJP) has intensified its efforts to implement the Uniform Civil Code (UCC) through state legislatures rather than Parliament, marking a significant shift in its long-standing strategy on one of its core ideological commitments.

For decades, the BJP and its predecessor, the Jana Sangh, have identified three major ideological goals: the construction of a Ram Mandir in Ayodhya, the abrogation of Article 370 in Jammu and Kashmir, and the implementation of a Uniform Civil Code. With the Ram Mandir inaugurated and Article 370 revoked, attention has increasingly turned to the UCC.

However, instead of introducing a nationwide law through Parliament, the BJP has adopted a state-by-state approach, beginning with Uttarakhand and later expanding to Gujarat and Assam. Discussions on similar legislation are also gaining momentum in other BJP-ruled states.

The strategy has triggered debate among legal experts, political observers and minority groups, which are divided over whether the approach is a practical path towards reform or a politically driven attempt to reshape personal laws gradually.

A Uniform Civil Code refers to a common set of civil laws governing matters such as marriage, divorce, inheritance, adoption and succession, regardless of a person’s religion.

At present, different religious communities in India follow separate personal laws. Muslims generally follow provisions derived from Muslim Personal Law in matters related to marriage, divorce and inheritance. Hindus, Sikhs, Buddhists and Jains are governed by separate legal frameworks enacted by Parliament.

Supporters of the UCC argue that a common legal framework would promote equality before the law and strengthen national integration. Critics, however, contend that it could affect religious and cultural freedoms guaranteed under the Constitution.

For years, BJP leaders have publicly supported the introduction of a Uniform Civil Code.

Prime Minister Narendra Modi and Union Home Minister Amit Shah have repeatedly referred to the need for equal civil laws for all citizens. Yet the party has chosen not to introduce a national UCC bill in Parliament at this stage.

Instead, BJP governments in individual states have taken the lead.

Following Goa, which continues to operate under a civil code inherited from the Portuguese era, Uttarakhand became the first state in independent India to enact and implement a new UCC law through its assembly. The law became operational after rules were approved by the state cabinet in January 2025.

Gujarat followed by passing the Gujarat Uniform Civil Code Bill in March 2026. Assam later enacted its own version of the law, becoming the first state in the North-East to do so. Tribal communities were exempted from the law in Assam.

Political discussions regarding UCC legislation have also emerged in several other states. Maharashtra has announced the formation of a committee headed by a retired judge to study the issue, while discussions are underway in Madhya Pradesh. The BJP has also raised the issue in West Bengal as it prepares for future electoral contests.

Political analysts point to coalition realities at the national level as a major factor behind the BJP’s decision.

Although the BJP leads the National Democratic Alliance (NDA), several alliance partners have expressed reservations about a nationwide UCC.

Parties such as the Janata Dal (United) and the Telugu Desam Party have adopted cautious positions on the issue. Observers note that introducing a national bill could place pressure on the coalition and trigger opposition from regional parties and social organisations across the country.

A senior political analyst said, “A central law would immediately become a national political battle. The state route allows the BJP to advance its agenda gradually while avoiding direct confrontation at the national level.”

The approach also allows the BJP to test different legal models before attempting any nationwide implementation.

Marriage, divorce, inheritance and adoption fall under the Concurrent List of the Constitution, allowing both Parliament and state legislatures to make laws on these subjects.

This constitutional arrangement has provided states with room to introduce their own versions of the UCC.

Legal experts say the state-level approach may also provide a degree of protection from immediate national political fallout.

“If a state law faces legal challenges, the dispute remains focused on that particular legislation,” said a constitutional lawyer. “A national law would attract scrutiny and resistance on a much larger scale.”

Several petitions concerning state UCC laws are expected to be examined by courts, making future judicial decisions significant for the broader debate.

One of the major challenges facing any Uniform Civil Code proposal is India’s social and cultural diversity.

Many tribal communities across the North-East and central India follow customary practices that differ from mainstream personal laws.

To address these concerns, states such as Uttarakhand and Assam have exempted tribal populations from the scope of their UCC legislation.

Supporters say these exemptions recognise local traditions while allowing reforms to proceed elsewhere.

Critics argue that such exemptions raise questions about whether a law can truly be called “uniform” if significant sections of the population remain outside its ambit.

Supporters of the UCC often present it as a measure aimed at strengthening women’s rights.

Among the provisions highlighted by advocates are restrictions on polygamy, equal inheritance rights for daughters and mandatory registration requirements for certain relationships.

A BJP spokesperson said, “The objective is to provide equal legal rights to all citizens, particularly women who may face discrimination under different personal law systems.”

Some women’s rights groups have welcomed discussions on reforms relating to inheritance and marriage, while emphasising the need for broad consultation with affected communities.

Several Muslim organisations and scholars have expressed concern over the implementation of the UCC.

They argue that personal laws form part of religious and cultural identity and should not be altered without extensive consultation.

A representative of a Muslim social organisation said, “Any reform process should involve dialogue with communities and constitutional experts. There are concerns that religious freedoms must be protected alongside efforts towards legal reform.”

Some organisations have also questioned whether state-level versions of the UCC differ significantly from one another, arguing that varying laws may create confusion rather than uniformity.

Political observers believe the UCC debate has become an important electoral issue.

The BJP has consistently presented the UCC as part of its commitment to legal equality and governance reform. At the same time, opposition parties face a difficult political balancing act.

If they oppose UCC proposals outright, they risk being accused by opponents of resisting reform. If they support them, they may face criticism from sections of minority communities concerned about the impact on personal laws.

The issue has therefore become a major point of political contestation ahead of state elections in several regions.

Perhaps the biggest question surrounding the BJP’s strategy concerns the principle of uniformity itself.

Different states may adopt different provisions, exemptions and penalties. As a result, citizens moving between states could face varying legal requirements regarding marriage, inheritance or registration procedures.

Legal experts say this could create practical complications.

“If each state develops its own version of the UCC, the country may end up with multiple civil codes rather than a truly uniform one,” a constitutional scholar observed.

Supporters respond that state-level implementation is a transitional phase and that lessons learned from individual states could eventually contribute to a broader national framework.

The BJP’s decision to pursue the Uniform Civil Code through state legislatures marks one of the most significant legal and political experiments in recent years.

For supporters, the strategy provides a gradual and politically manageable path towards legal reform. For critics, it raises concerns about religious freedom, federalism and the possibility of differing legal standards across states.

As more states consider similar legislation and courts examine the validity of existing laws, the debate over the Uniform Civil Code is likely to remain at the centre of India’s political and constitutional discourse for years to come.

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