Madhya Pradesh Government forms six-member panel under retired Supreme Court Judge for UCC draft bill
Madhya Pradesh Government announced that retired SC Judge Justice Ranjana Prasad Desai will head the panel comprising a retired IAS officer, a legal expert, and an academician, among others
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Context
The Government has constituted a six-member high-level committee, headed by retired Supreme Court judge , to study and prepare a draft Bill for implementing a (UCC) in the state. This move adds Madhya Pradesh to the growing list of Indian states, such as and , actively pursuing the formulation of a state-level UCC. The committee is mandated to submit its findings and the draft legislation within 60 days.
UPSC Perspectives
Polity
The push for a is rooted in of the , which is part of the (DPSP). It directs the State to endeavor to secure for the citizens a uniform civil code throughout the territory of India. The core UPSC debate centers on whether states have the constitutional authority to enact their own UCCs. Family law subjects like marriage, divorce, inheritance, and adoption fall under the (Entry 5) of the . Therefore, both the Parliament and State Legislatures can make laws on these subjects. However, if a state law contradicts a central law (like the or ), the state law requires the President's assent under to prevail within that state. Aspirants must analyze the implications of fragmented, state-specific UCCs on the constitutional ideal of uniformity across the nation, as intended by the framers.
Social
A aims to replace personal laws based on the scriptures and customs of various religious communities with a common set of laws governing every citizen. This touches upon sensitive issues of secularism, religious freedom guaranteed under and , and the rights of minorities. The primary argument in favor of a UCC is to promote gender justice and equality, as many traditional personal laws are inherently patriarchal and discriminatory against women in matters of inheritance, marriage (e.g., polygamy), and divorce. For UPSC Mains, evaluate the tension between the right to equality () and the right to freedom of religion. A key aspect is whether a UCC should be a 'common denominator' of all personal laws or an entirely new secular code. The challenge lies in drafting a code that ensures gender equity without homogenizing India's diverse cultural practices, especially concerning tribal customs protected under provisions like and .
Governance
The formation of expert committees, often headed by retired judges, is a standard governance mechanism for drafting complex legislation. This approach aims to ensure legal soundness and incorporate diverse stakeholder perspectives. However, the 60-day timeframe given to the Madhya Pradesh committee might be perceived as politically motivated, potentially prioritizing speed over comprehensive consultation. For UPSC, this highlights the broader governance challenge of implementing highly contentious reforms. Successful implementation of a requires extensive public consensus-building, as recommended by the , which suggested reforming personal laws individually rather than imposing a single UCC immediately. Analyze the potential social friction and administrative challenges states face when attempting to overhaul deeply ingrained personal laws. Questions may arise regarding the political economy of state-level UCC initiatives and whether they are meant for genuine social reform or political signaling.