Topic 4 of 22
GS Paper 2 Uniform Civil Code & Federalism/Personal Law Scheduled Tribe exemption in Madhya Pradesh's draft UCC Bill

A Bhil family in Jhabua and a non-tribal family in Bhopal will soon live under two different civil codes in the same state, both governed by a law whose entire name promises "uniform." What does that word actually mean once the exemptions start piling up?

Summary

The Madhya Pradesh Cabinet has approved a draft Uniform Civil Code Bill banning polygamy, nikah halala and mandating registration of live-in relationships, while explicitly exempting the state's Scheduled Tribe communities under Articles 342 and 366(25) of the Constitution. The Bill, drafted by a committee headed by retired Supreme Court judge Justice Ranjana Desai - who also drafted Uttarakhand's UCC - closely mirrors that state's 2024 template, including its tribal carve-out.

WHY IN NEWS FOR UPSC & STATE PCS

The MP Cabinet's approval, ahead of the Bill's tabling in the Monsoon Session, makes Madhya Pradesh the latest state to pursue a UCC at the state level while replicating the exact tribal exemption first used in Uttarakhand - raising the question of whether this exemption strengthens or quietly undermines the Bill's constitutional claim to uniformity.

Standard News

The Exemption That Reveals What "Uniform" Was Always Going to Mean Article 44

says the State "shall endeavour to secure for the citizens a uniform civil code throughout the territory of India"

  • and that single word, "endeavour," is doing more work in Madhya Pradesh's draft UCC than any of its actual clauses. Because the moment the Bill explicitly writes in an exemption for Scheduled Tribes under Articles 342 and 366(25), it isn't quietly falling short of Article 44's ideal. It's making a constitutional argument that a truly uniform code was never the goal - durability was. Here is the mechanism worth understanding. Articles 342 and 366(25) don't merely describe Scheduled Tribes; they trigger a separate constitutional architecture - Part XXI's transitional and special provisions and the Fifth and Sixth Schedules' protections for tribal customary law - that exists precisely because the Constitution's framers anticipated that a single civil code could not simply be layered over tribal community structures without dismantling them. Madhya Pradesh's drafters, led by Justice Ranjana Desai - the same jurist who wrote Uttarakhand's 2024 UCC and its identical tribal carve-out - are not improvising this exemption. They are invoking an existing constitutional off-ramp that was built into the document decades before "Uniform Civil Code" became a live political project. This is where the real analytical question sits and it cuts two ways. One reading: the tribal exemption is what makes the Bill survivable. A UCC that tried to override Fifth Schedule protections and tribal customary marriage, inheritance and dispute-resolution practices would almost certainly face immediate constitutional challenge on Article 14 and Article 29 grounds - equality and cultural protection - and likely collapse in court exactly the way it collapsed on paper. By carving tribes out upfront, MP's drafters may have built a law that actually survives judicial review, which no amount of textual uniformity would achieve if struck down. The other reading: once you accept that "uniform" tolerates a population-sized exemption - Madhya Pradesh's tribal population runs into the millions - the word has stopped describing the law's actual reach and started describing its aspiration. A code that governs everyone except a constitutionally significant minority isn't uniform in the operative sense; it's majoritarian with carve-outs, which is a fundamentally different legal object even if the branding stays the same. The pattern to watch and the genuinely new information here: this isn't Madhya Pradesh figuring out its own approach. It's the third state - after Uttarakhand and ahead of expected drafts from Gujarat and Assam - to use the identical Ranjana Desai template, tribal exemption included. That repetition means India isn't actually building toward one uniform civil code state by state. It's building a replicable non-tribal civil code, state by state, that leaves the actual question Article 44 was written to eventually answer - what happens to tribal personal law under a genuinely uniform code - permanently deferred rather than resolved. For an aspirant, that's the sharper exam point: the tribal exemption isn't a footnote to the UCC story. It's evidence of what the word "uniform" is quietly being redefined to mean in practice.

Quick Facts

  • Article 44 of the Constitution, a Directive Principle, calls on the State to secure a Uniform Civil Code. Uttarakhand became the first Indian state to implement a UCC, in early 2024. The MP draft UCC sets minimum marriage age at 21 for men and 18 for women. The exemption covers Scheduled Tribes such as the Bhil, Gond, Korku, Baiga, Sahariya and Bharia.

Beyond The Headlines
GS Paper 2 Scheduled Tribe exemption in Madhya Pradesh's draft UCC Bill

Connect the dots for your UPSC preparation.

Standard news covers the event. Log in to read our comprehensive analysis and uncover the hidden constitutional, structural, and ethical dimensions of this topic:

1

The specific Fifth and Sixth Schedule provisions that make a tribal carve-out constitutionally necessary, not just politically convenient

2

How the identical Ranjana Desai template across Uttarakhand, MP and upcoming states reveals a coordinated state-level UCC strategy

3

The Article 14/Article 29 legal exposure a UCC without this exemption would likely face in court

4

The way-forward on how India could eventually address tribal personal law within a genuinely uniform framework

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