Madhya Pradesh Passes UCC Bill With Tribal Custom Exemptions
Source:The Hindu ↗
Why It Matters
The enactment of a Uniform Civil Code by a state legislature is a crucial constitutional development related to Article 44 (DPSP). The specific exemption of Scheduled Tribes is highly relevant for MPPSC Prelims, given Madhya Pradesh's significant tribal demographic and the constitutional provisions safeguarding their rights.
Summary
The Madhya Pradesh Legislative Assembly passed the Uniform Civil Code (UCC) 2026 Bill, exempting Scheduled Tribes to protect their cultural heritage. Drafted by the Ranjana Desai committee, the bill criminalizes polygamy and nikah halala, while mandating the registration of live-in relationships, marking a major step in implementing the Directive Principles of State Policy at the state level.
Key Points
- The Madhya Pradesh Assembly passed the Madhya Pradesh Uniform Civil Code (UCC) 2026 Bill during the Monsoon Session, amid opposition from the Congress party.
- The UCC Bill exempts the Scheduled Tribes (ST) population to safeguard their customary practices and cultural heritage.
- The bill was drafted by a six-member expert committee chaired by retired Supreme Court judge Ranjana Desai.
- Key provisions of the legislation include the criminalization of polygamy and nikah halala, along with mandatory registration for live-in relationships.
Important Terms
Madhya Pradesh Uniform Civil Code 2026 Bill
A state legislative bill passed in July 2026 providing a common civil law governing marriage, divorce, inheritance, and live-in relationships for all communities in Madhya Pradesh, while exempting Scheduled Tribes.
UPSC context
GS Paper II: Indian Constitution, State Legislature, federalism, and legislative developments.
Uniform Civil Code (UCC)
A proposed single, common set of civil laws governing personal matters like marriage, divorce, adoption, and inheritance, applicable to all citizens of India irrespective of their religion.
UPSC context
GS Paper II: Fundamental Rights vs DPSPs (Article 44), secularism, and judicial interpretations.
Directive Principles of State Policy (DPSP)
Non-justiciable constitutional guidelines enshrined in Part IV (Articles 36-51) that direct the State to secure a social order based on justice, liberty, equality, and fraternity.
UPSC context
GS Paper II: Indian Constitution features, philosophy of the Constitution, and implementation of socio-economic justice.
Madhya Pradesh Legislative Assembly
The unicameral legislative body of Madhya Pradesh, responsible for enacting laws, passing budgets, and exercising democratic oversight over the state executive.
UPSC context
GS Paper II: State Legislature, lawmaking process, and constitutional roles.
Scheduled Tribes (STs)
Historically disadvantaged indigenous communities in India officially designated under Article 342 of the Constitution, possessing special safeguards to preserve their distinct culture.
UPSC context
GS Paper II: Welfare schemes for vulnerable sections, tribal governance, and constitutional safeguards.
Madhya Pradesh Cabinet
The executive committee of the Madhya Pradesh government, led by the Chief Minister, which acts as the supreme decision-making body on state policy and administration.
UPSC context
GS Paper II: Executive organ of the State, cabinet system, collective responsibility.
Prelims Trap
State Legislatures cannot enact a Uniform Civil Code as it falls exclusively under the legislative domain of the Parliament.
Personal laws (marriage, succession) fall under Entry 5 of the Concurrent List. States can enact UCCs, but require Presidential assent to override existing Central personal laws.
Static Concepts Connected
How does the Doctrine of Repugnancy (Article 254) work for Concurrent List subjects?
- General Rule: If a State law contradicts a Central law on a Concurrent List subject, the Central law prevails and the State law becomes void.
- Presidential Assent Exception: If the State law receives Presidential Assent, it prevails over the Central law within that specific State.
- Parliamentary Override: Parliament retains the power to subsequently amend, vary, or repeal the State law by enacting new legislation on the same matter.
Which constitutional provisions explicitly protect the customary laws of Scheduled Tribes?
- Fifth and Sixth Schedules: Provide administrative autonomy and protect the socio-cultural customs of STs in designated Scheduled and Tribal Areas.
- Articles 371A & 371G: Specifically exempt Nagaland and Mizoram from Acts of Parliament that would interfere with their religious practices and customary laws.
Cross-Topic Patterns
UCC exemptions vs. Tribal autonomy
State UCCs exempting STs highlight the ongoing tension between Article 44 (uniformity) and constitutional protections for tribal customary practices found in the Fifth and Sixth Schedules.
Live-in registration vs. Article 21
Mandatory registration of live-in relationships in state UCCs triggers constitutional scrutiny under the Right to Privacy (Puttaswamy judgment), specifically testing the proportionality of state action.
Expect a 2026 Prelims question linking State-level UCC enactments to Concurrent List (Entry 5) and Presidential Assent under Article 254.
Linked PYQs · 3
Linked PYQs · 3
- 2023MPPSC_PRELIMSGS1
The Directive Principles of State Policy are explained in Part IV of the Indian Constitution. This system has been taken from the Constitution of which country ?
- 2025MPPSC_PRELIMSGS1
In which Article of the Indian Constitution is there a provision of reservation of seats for Scheduled Tribes in the State Assembly?
- 2023MPPSC_PRELIMSGS1
The total number of members other than the Chairperson and Vice-Chairperson of the National Commission for Scheduled Tribes is:
