Amit Shah wants UCC in all NDA states by 2029. What will JD(U) do in Bihar?

NEW DELHI: Is the implementation of the Uniform Civil Code emerging as a new point of contention between the Bharatiya Janata Party and one of its oldest allies, Janata Dal (United)?The question has come into focus after Union home minister Amit Shah's assertion that UCC would be implemented in all 21 NDA-ruled states before the next Lok Sabha elections prompted differing reactions within the JD(U).The issue surfaced after Shah, during his visit to Mumbai, put a timeline on BJP's plan to implement one of its longstanding ideological objectives before the 2029 Lok Sabha polls."Triple talaq has been abolished, giving Muslim women equal rights. We have introduced the Uniform Civil Code (UCC) in several states and I am confident that in the 21 BJP-NDA ruled states, we will introduce the UCC before 2029," Shah said.

Shah's message, however, drew a different response from some JD(U) leaders in Bihar.JD(U) general secretary and former minister Shyam Rajak said his party did not favour implementing UCC in the state."Our stand on the issue was made clear by our leader way back. He had said that although our party was supporting the UCC Bill in the Parliament, it was not in favour of implementing the same in Bihar," Rajak said."The chief minister may be of the BJP but the government is being run with the help of allies...

our stand is clear, the question of implementing UCC in Bihar does not arise," he added.

However, Bihar deputy chief minister Vijay Kumar Chaudhary, who is considered to be a close ally of former chief minister Nitish Kumar, adopted a more cautious stance and said the party would first study the legislation and would not oppose it "for no reason" if its provisions were found to be unexceptionable."As of now, we are not aware of the details of the legislation on UCC.

Let it be placed before us. If we find there is nothing objectionable, why shall we oppose it without any reason? And if there are points of concern, these will be conveyed to the Union home minister," Chaudhary said.JD(U) working president Sanjay Jha has also indicated that party leaders would discuss the issue with Shah.

For now, therefore, JD(U)'s stand is not entirely clear. While some leaders have spoken against implementing UCC in Bihar, remarks by senior leaders such as Chaudhary and Jha have left scope for the party to examine the proposed provisions before taking a final position.

The party has historically favoured wider consultations and consensus on the issue.

What is UCC

India already has uniform criminal laws and common civil laws covering matters such as taxation, contracts and negotiable instruments. However, when it comes to personal laws such as marriage, divorce and inheritance of property, different religious communities follow laws based on their respective traditions and practices.Article 44 under the Directive Principles of State Policy of the Constitution says that the State shall endeavour to secure a UCC for citizens throughout India."The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India," the Constitution says.A UCC broadly seeks to provide a common legal framework for citizens in matters such as marriage, divorce, inheritance and succession.

BJP's old promise

The Uniform Civil Code has been a longstanding part of the BJP's political agenda and has featured repeatedly in the party's election manifestos over the years.The party has repeatedly included the issue in its election manifestos, arguing that a common civil code would ensure equality before law and strengthen women's rights in matters such as marriage, divorce, inheritance and adoption.Matters such as marriage, divorce, adoption, wills, intestacy and succession fall in the Concurrent List, allowing both the Centre and state governments to make laws on them.

In 2022, then Union law minister Kiren Rijiju also informed the Rajya Sabha that states were empowered to legislate on these subjects."Article 44 of the Constitution provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India," Rijiju had said in a written reply."Personal laws such as intestacy and succession; wills; joint family and partition; marriage and divorce, relate to Entry 5 of List-III-Concurrent List of the Seventh Schedule to the Constitution, and hence, the States are also empowered to legislate upon them," he had added.This has allowed BJP-ruled states to take the state route on UCC.Uttarakhand became the first state in independent India to implement a state-specific Uniform Civil Code on January 27, 2025.Since then, UCC Bills have also been passed by the assemblies of BJP-ruled Gujarat, Assam and Madhya Pradesh. As of mid-September, the Bills in these three states were awaiting the President's assent.Other NDA-ruled states are at different stages of considering or preparing their own legislation.Shah's latest remarks have now put a 2029 timeline on that process for all NDA-ruled states.

Why UCC needs careful balancing for JD(U)

For JD(U), the issue comes with both political and ideological considerations.Nitish Kumar has long maintained that a reform such as UCC should not be pushed without broad consultation and consensus, particularly given India's social and religious diversity.There is also an electoral dimension.Within the NDA in Bihar, JD(U) has traditionally sought support across a social coalition that includes Extremely Backward Classes, women and sections of minorities.

While its support among Muslims has weakened over the years, the party has continued to reach out to the community.Muslims constitute around 17.7% of Bihar's population, according to the state's caste survey. Recent electoral data cited by The Indian Express suggests that only a relatively small section of Muslim voters backed the NDA in the 2024 Lok Sabha elections, underlining the challenge for JD(U) in retaining support among the community while remaining part of the BJP-led alliance.In the 2025 assembly election, JD(U) fielded four Muslim candidates, but only Mohammad Zama Khan won from the Chainpur seat.The political setting has also changed since that election.The NDA won 202 of Bihar's 243 assembly seats, with the BJP emerging as the single-largest party with 89 seats and JD(U) winning 85.Nitish Kumar is also no longer chief minister, with BJP's Samrat Choudhary now heading the NDA government.

JD(U), however, remains one of its two principal constituents.This makes the UCC question an important one for the alliance: BJP has put a timeline on a longstanding policy commitment, while JD(U) has traditionally stressed consultation before any such move.

When JD(U) differed with BJP

Although an ally of BJP, JD(U) has not always agreed with it on politically sensitive issues.On UCC itself, Nitish Kumar has long cautioned against hurried implementation.In January 2017, as Bihar chief minister, he returned the Law Commission's questionnaire on UCC, arguing that there was insufficient clarity about what the proposed code would contain and calling for wider consultations with affected groups.Nitish argued that diverse customs and practices had existed for centuries and that any effort towards a common code should be based on consensus rather than simply imposed.JD(U) has also differed from the BJP on issues such as the Triple Talaq Bill and the abrogation of Article 370.In 2019, JD(U) opposed the Muslim Women (Protection of Rights on Marriage) Bill, commonly known as the Triple Talaq Bill. The party objected particularly to the provision making instant triple talaq a criminal offence, arguing that the legislation could create "a lack of trust" in society. Its MPs walked out of the Lok Sabha debate and later abstained during the Rajya Sabha proceedings.In August 2019, the party also opposed the Modi government's decision to abrogate the special status of Jammu and Kashmir under Article 370 and reorganise the former state into two Union Territories. JD(U) MPs staged a walkout when the measures were introduced in Parliament.However, it struck a reconciliatory note later and said that once the law had come into force, it should be abided by all.These differences did not, by themselves, prevent the BJP and JD(U) from working together.

The two allies have in the past maintained separate positions on some issues while continuing their political partnership.UCC could similarly depend on what form a proposed law for Bihar eventually takes and whether the allies are able to arrive at a common position.

Mahagathbandhan's offer to Nitish

Amid the debate over UCC, Congress and Rashtriya Janata Dal have taken the opportunity to invite Nitish Kumar to join the opposition alliance.RJD MLA Bhai Virendra asked Nitish to break ties with the BJP and form a new government with its support, saying the parties shared a socialist political tradition.The RJD MLA alleged that Nitish was surrounded by people who were "hellbent on ruining his political career" and said, "We urge Nitish Kumar ji to walk out of the NDA and form a govt with our support."Former Bihar Congress president and Rajya Sabha member Akhilesh Prasad Singh also extended an invitation to Nitish to join the Mahagathbandhan, saying Nitish had long been associated with socialist politics.

"It is the agenda of the BJP and the RSS. Several allies of the NDA may not agree with it, and Nitish certainly should not agree with it.

He has always been associated with social concerns and socialism, so I do not think he can ever agree with this," Singh said."Why would Congress have any objection to that? If he leaves, Congress will always welcome him," he added.For now, however, the differing remarks on UCC do not necessarily point to a larger crisis within the Bihar NDA.

JD(U)'s final position remains open. Some of its leaders have opposed implementation in Bihar, while others have said the party should first see the proposed legislation and discuss its concerns with the BJP leadership.Shah, meanwhile, has set a clear target of introducing UCC in all NDA-ruled states before 2029.It remains to be seen whether Bihar eventually follows that roadmap and, if it does, what shape the proposed law takes after consultations between the two allies.