Consider the following statements. The issue of personal laws falls in...
- The issue of personal laws falls in List III —the Concurrent List of the Seventh Schedule to the Constitution. While subjects in the Union lists fall within the purview of the Parliament, states can legislate on subjects in the State List.
- For entries in the Concurrent List, Article 162 of the Constitution gives state governments the power to legislate on subjects where a central law does not occupy the field. If there is a central law, it automatically gains precedence over the state law on the subject.
- Entry 5 of the Concurrent lists “Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.”
- This allows states the power to legislate on the subject but only in the absence of a central law.
Consider the following statements. The issue of personal laws falls in...
The correct answer is option 'C' - Both 1 and 2.
Explanation:
1. The issue of personal laws falls in the Concurrent List of the Seventh Schedule to the Constitution of India:
The Seventh Schedule of the Indian Constitution divides the powers of legislation between the central government and the state governments. It consists of three lists - Union List, State List, and Concurrent List. The Union List includes subjects on which only the central government can make laws, the State List includes subjects on which only the state governments can make laws, and the Concurrent List includes subjects on which both the central and state governments can make laws.
The issue of personal laws, which includes laws related to marriage, divorce, inheritance, adoption, etc., falls under the Concurrent List. This means that both the central and state governments have the power to legislate on this subject.
2. For entries in the Concurrent List, the Constitution of India allows states the power to legislate on the subject but only in the absence of a central law:
According to the Constitution of India, if there is a central law on a subject in the Concurrent List, then the state laws on that subject become void to the extent of the repugnancy, i.e., they become inoperative. However, if there is no central law on a subject in the Concurrent List, then the state governments can enact laws on that subject.
Therefore, the second statement is also correct. The state governments have the power to legislate on personal laws only when there is no existing central law on the subject. If there is a central law, the state laws on personal laws become inoperative.
In conclusion, both statements are correct. The issue of personal laws falls under the Concurrent List, and the state governments have the power to legislate on this subject in the absence of a central law.
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