Author(s): Niharika and Ajay Kumar Bhatt

Abstract: The interplay involving personal laws and the Indian Constitution's dedication to secularism constitutes an ongoing jurisprudential controversy. Article 13 of the Indian Constitution, which nullifies pre-constitutional regulations that conflict with Fundamental Rights, establishes an essential basis for assessing the constitutionality of personal laws. Nonetheless, the classification of personal laws, which are typically derived from religious scriptures and customs, as "law" or "law in force" under Article 13 continues to be a matter of significant uncertainty and legal dispute. This study analyzes the status of personal laws under the Indian Constitution, critically evaluates judicial interpretations, and scrutinizes the secular aspects of personal law reform. The ongoing legal and constitutional ambiguity regarding personal laws under Article 13 signifies an unresolved discourse on secularism, equality, and the constitutional approach to religion within India's legal framework.

DOI: 10.22271/27899497.2025.v5.i1b.127

Pages: 117-122 | Views: 4956 | Downloads: 3582

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