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23rd August 2017 Part-1: Daily News Analysis
sir u said that now all personal law comes under article 13 but on big picture one expect said that not all personal laws come under article 13.. only certain personal laws which are covered under acts or laws come under this article.. m confused ????
Aneesh Menon
2 years ago
There is often a contradiction when it comes to judging the personal laws.Since there is an absence of Uniform civil code,nothing much can be done about them because of country being diverse in culture,customs and so on.Previously,few years after the constitution was enacted,the SC did not want to step into personal laws and had left that decision to the legislature(at the time,many were freedom fighter and SC had immense respect for them).Also,one reason can be that at that time,casteism and communalism was so much ingrained in people's blood that they cared only about their ethnic race,society and maximum their state.There was no nationalism.It was difficult for executive and legislature and even judiciary to venture into this area.Now,with time,people being more modern,emergence of literate and educated men and women.women standing up for their rights and people questioning their government has marked the end of old age era and start of a new one.
Aneesh Menon
2 years ago
To answer your question- Constitution is supreme.All laws comes under the article 13 and if found violative of FR's,the courts have the right to make it unconstitutional.The decision is taken of the basis of vote,facts,relevance and strong arguments.One of the Justice pointed out that Muslim Personal law Application Act recognized it as statutory and not a Fundamental right(If it was a FR then it would not be violative of Article 13 and triple Talaq would continue to exist).Even if that law existed for 400 or 1000 years it still can be declared unconstitutional if found violative.