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West Bengal Constitutes Expert Committee to Review Draft Uniform Civil Code Bill 2026

  • Writer: Kaustav Chowdhury
    Kaustav Chowdhury
  • Jul 19
  • 4 min read

The West Bengal government has constituted a nine-member expert committee to review the Draft Uniform Civil Code (UCC) Bill, 2026, marking the State's formal engagement with one of the most debated legislative proposals in contemporary Indian law. The committee, headed by retired Supreme Court Justice Ranjana Prakash Desai, has been tasked with submitting its report within one month, with the Bill expected to be tabled during the August session of the State Assembly.


Composition of the Expert Committee

The nine-member committee brings together legal, administrative, and academic expertise. The chairperson, Justice Ranjana Prakash Desai (retired), served on the Supreme Court and brings significant judicial experience to the review process. The remaining members represent a cross-section of administrative, academic, and legal backgrounds.

The committee members include: former Meghalaya Governor Tathagata Roy; West Bengal Resident Commissioner Dushyant Nariala; Home Secretary Sanghamitra Ghosh; retired anthropology professor Ratna Bhattacharya; former Gour Banga University Vice-Chancellor Gopal Chandra Mishra; Calcutta High Court advocate Osman Gani Mallick; former Bengal Sambhag executive director Nirmalya Bhattacharya; and retired IAS officer Shatrughna Singh. The diverse composition reflects the government's recognition that the UCC touches upon legal, social, cultural, and administrative dimensions that require multidisciplinary expertise.


Scope of the Review and Key Exemptions

The committee's mandate is to review the Draft UCC Bill in its entirety and provide recommendations before the Bill is introduced in the Assembly. Notably, the proposed law already contains significant exemptions: tribal communities, indigenous groups, and the Kurmi community have been exempted from the proposed legislation. These exemptions reflect an attempt to balance the goal of legal uniformity with the recognition of distinct cultural and customary practices among specific communities.

The exemption of tribal and indigenous groups aligns with constitutional protections afforded to these communities under the Fifth and Sixth Schedules of the Constitution, as well as various tribal welfare legislations. The inclusion of the Kurmi community among the exempted groups appears to be a State-specific consideration, reflecting West Bengal's particular demographic and political landscape. The broader question of how personal laws intersect with constitutional rights continues to generate significant judicial and academic discourse.


West Bengal in the National UCC Landscape

West Bengal's decision to form a review committee places it within a growing national trend of State-level engagement with the Uniform Civil Code. Uttarakhand has already implemented its UCC legislation, becoming the first State to do so. Assam has passed its own version of the UCC Bill, while Rajasthan has formed a committee to examine the feasibility of similar legislation. West Bengal's approach of constituting an expert review committee before tabling the Bill suggests a more deliberative process compared to some other States.

The UCC debate in India has historically been framed around Article 44 of the Constitution, which directs the State to endeavor to secure a Uniform Civil Code for citizens throughout the territory of India. However, Article 44 is a Directive Principle of State Policy and is not justiciable. The decision to pursue UCC legislation at the State level, rather than through a central enactment, adds a federalism dimension to the debate. Each State's approach reflects its particular political, demographic, and cultural considerations.


Legal and Constitutional Considerations

The introduction of a Uniform Civil Code raises several complex legal questions. Personal laws governing marriage, divorce, inheritance, and succession currently vary by religious community, and are protected to varying degrees by constitutional provisions and judicial precedent. Any UCC legislation must navigate the tension between the constitutional aspiration of uniformity under Article 44 and the protections afforded to religious and cultural practices under Articles 25 through 28.

The Supreme Court's engagement with legal reforms affecting professional regulation and its willingness to address systemic legal issues suggest that any State-level UCC will likely face judicial scrutiny. The expert committee's recommendations will need to address how the proposed Bill reconciles these competing constitutional values.

Additionally, questions of legislative competence may arise. While personal laws fall under the Concurrent List (Entry 5 of List III), enabling both Parliament and State Legislatures to legislate on the subject, a State-level UCC that conflicts with central personal law statutes could face challenges. The committee will need to consider these jurisdictional questions carefully.


The One-Month Timeline and August Assembly Session

The committee has been given a tight one-month deadline to complete its review and submit its report. This compressed timeline raises questions about the depth of consultation that will be possible. A comprehensive review of UCC legislation would typically involve extensive stakeholder consultation, public hearings, and detailed analysis of the impact on different communities and their existing personal law arrangements.

The plan to table the Bill during the August Assembly session suggests that the State government is committed to moving forward with the legislation expeditiously. The speed of the process, however, may attract criticism from those who argue that a measure as consequential as a Uniform Civil Code requires more extensive deliberation. The importance of adequate institutional capacity for legal reform has been highlighted in various contexts, and the same principle applies to legislative processes.


Stakeholder Reactions and the Road Ahead

The constitution of the committee has generated varied reactions. Legal scholars have noted the significance of having a retired Supreme Court Justice lead the review, lending judicial credibility to the process. However, some civil society organizations have expressed concern about the compressed timeline and the potential impact on minority communities.

The exemptions for tribal and indigenous communities, while addressing some concerns, have also raised questions about the principle of uniformity itself. If a Uniform Civil Code exempts significant population groups, critics argue, it may not achieve the constitutional goal of a truly uniform code applicable to all citizens. Supporters counter that reasonable exemptions for communities with distinct customary practices are consistent with the Constitution's recognition of cultural diversity.

As the committee begins its work, the legal community and the public will watch closely to see how it balances these competing considerations. The committee's report, expected within a month, will be a critical document shaping the trajectory of the UCC in West Bengal and potentially influencing the national conversation on this long-debated reform. The ongoing judicial and legislative engagement with fundamental questions of rights and legal reform continues to define the evolving landscape of Indian law.

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