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The issue of triple talaq is in news recently. Consider the following statements regarding constitutional provisions and recent judgments under Article 13:
I. A judicial declaration from a Constitution Bench under Article 13 that personal laws are liable to comply with the fundamental rights guaranteed under the Constitution would bring religious law, even un-codified practices, under judicial review.
II. The Bombay High Court in State of Bombay versus Narasu Appa Mali had held that personal law is not ‘law’ under Article 13.
III. As per the one of the judgment said that the phrase ‘customs and usages’ in Article 13 does not include personal laws of various religions.
Q. Which of the following statement(s) is/are correct?
  • a)
    Only I
  • b)
    I and II
  • c)
    II and III
  • d)
    All of the above
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
The issue of triple talaq is in news recently. Consider the following ...
A Constitution Bench is set to hear the question whether triple talaq and polygamy violates the fundamental rights of Muslim women for which the Supreme Court said it has to examine if these personal law practices are the "fundamental traits" of the minority religion.
In this context, the Centre’s question as to “whether personal law is ‘law’ under Article 13 of the Constitution?” is significant. Article 13, for one, is so inclusive in its ambit that the term ‘law’ in the constitutional provision includes anything from an “ordinance, order, by-law, rule, regulation, notification and even customs and usages” passed or made by the Legislature or any other “competent authority”.
The Bombay High Court in State of Bombay versus Narasu Appa Mali had held that personal law is not ‘law’ under Article 13. The court had observed that reformation of personal laws is best left to the legislature as "chosen representatives of the people" and not the judiciary. It said the phrase ‘customs and usages’ in Article 13 does not include personal laws of various religions. It held that Article 44 (Uniform Civil Code) acquiesced the existence of varied personal laws. This 1951 judgment was never challenged in the Supreme Court.
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The issue of triple talaq is in news recently. Consider the following statements regarding constitutional provisions and recent judgments under Article 13:I. A judicial declaration from a Constitution Bench under Article 13 that personal laws are liable to comply with the fundamental rights guaranteed under the Constitution would bring religious law, even un-codified practices, under judicial review.II. The Bombay High Court in State of Bombay versus Narasu Appa Mali had held that personal law is not ‘law’ under Article 13.III. As per the one of the judgment said that the phrase ‘customs and usages’ in Article 13 does not include personal laws of various religions.Q. Which of the following statement(s) is/are correct?a)Only Ib)I and IIc)II and IIId)All of the aboveCorrect answer is option 'D'. Can you explain this answer?
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The issue of triple talaq is in news recently. Consider the following statements regarding constitutional provisions and recent judgments under Article 13:I. A judicial declaration from a Constitution Bench under Article 13 that personal laws are liable to comply with the fundamental rights guaranteed under the Constitution would bring religious law, even un-codified practices, under judicial review.II. The Bombay High Court in State of Bombay versus Narasu Appa Mali had held that personal law is not ‘law’ under Article 13.III. As per the one of the judgment said that the phrase ‘customs and usages’ in Article 13 does not include personal laws of various religions.Q. Which of the following statement(s) is/are correct?a)Only Ib)I and IIc)II and IIId)All of the aboveCorrect answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about The issue of triple talaq is in news recently. Consider the following statements regarding constitutional provisions and recent judgments under Article 13:I. A judicial declaration from a Constitution Bench under Article 13 that personal laws are liable to comply with the fundamental rights guaranteed under the Constitution would bring religious law, even un-codified practices, under judicial review.II. The Bombay High Court in State of Bombay versus Narasu Appa Mali had held that personal law is not ‘law’ under Article 13.III. As per the one of the judgment said that the phrase ‘customs and usages’ in Article 13 does not include personal laws of various religions.Q. Which of the following statement(s) is/are correct?a)Only Ib)I and IIc)II and IIId)All of the aboveCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The issue of triple talaq is in news recently. Consider the following statements regarding constitutional provisions and recent judgments under Article 13:I. A judicial declaration from a Constitution Bench under Article 13 that personal laws are liable to comply with the fundamental rights guaranteed under the Constitution would bring religious law, even un-codified practices, under judicial review.II. The Bombay High Court in State of Bombay versus Narasu Appa Mali had held that personal law is not ‘law’ under Article 13.III. As per the one of the judgment said that the phrase ‘customs and usages’ in Article 13 does not include personal laws of various religions.Q. Which of the following statement(s) is/are correct?a)Only Ib)I and IIc)II and IIId)All of the aboveCorrect answer is option 'D'. Can you explain this answer?.
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