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Why Assam UCC can face more questions in court than in the state Assembly

Assam's UCC is best understood as the beginning of a legal conversation rather than its conclusion.

The passing of the Uniform Civil Code 2026 in the Assam Legislative Assembly last week invites a question that goes beyond the political optics and noise: How does this legislation actually hold together as law? Examined closely, the Bill is a study in contradiction – progressively ambitious in its stated objectives, yet structurally undermined by the very exemptions and assumptions it relies upon. 

Legislation of this reach deserves to be read carefully, and a close reading of the Bill raises questions that will matter considerably once it moves from the Assembly floor to the courtroom.

The government has anchored the Bill in Article 44 of the Constitution, which directs the state to work toward a Uniform Civil Code (UCC). The choice is symbolically apt, but Article 44 is a Directive Principle of State Policy (DPSP) non-justiciable by design, meaning courts cannot compel its enforcement or use it alone to sustain legislation that engages Fundamental Rights. The more consequential question is whether this particular law withstands scrutiny under Part III of the Constitution.

There is also another complication. State legislative competence........

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