Do personal laws come within the ambit of the Constitution?

Personal laws are derived not from the Constitution but from the religious scriptures. The laws thus derived must be consistent with the Constitution lest they became void under Article 13 if they violated fundamental rights.”

What does the Article 13 of the Indian Constitution include?

Article 13 of the Indian Constitution describes the means for judicial review. It enjoins a duty on the Indian State to respect and implement the fundamental right. And at the same time, it confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.

Is personal law a law?

Personal law is defined as a law that applies to a certain class or group of people or a particular person, based on the religions, faith, and culture. In India, everyone belongs to different caste, religion and have their own faith and belief. Their belief is decided by the sets of laws.

What is excluded in definition of law under Art 13 of the Constitution?

The Court interpreted the inclusion of “law” under Article 13(3), and “laws in force” under Article 13(1), to exclude personal laws, which, in turn, made personal laws immune from judicial review. Article 13 renders all laws inconsistent and derogative of fundamental rights as void.

What is the effect of article 13 on pre constitutional laws and post constitutional laws?

article 13 (2) talks about the post constitutional laws i.e it says that once the constitution is framed and came in effect then any of the state may not make laws that takes away or abridges the fundamental rights of an indivisual and if done so then it would be void till the extent of contravention.

What do you understand by judicial review what is the effect of article 13 on pre and post constitutional laws?

It deals with the impact that the fundamental rights have on the action of the State. But Article 13 declares that all laws, pre-constitutional or post-constitutional, which are inconsistent or in derogation with fundamental rights are void to the extent of its inconsistency.

Why Hindu law is a personal law?

The Hindu law has various acts and provisions that govern it in matters like Divorce, Marriage, Adoption, Succession, Property, Minority, Rights of the son, Pious obligation etc. These following laws are in accordance with the Hindu personal law.

Is Hindu law is a personal law?

The modern Hindu legal system is applied to strictly personal law, including issues of marriage, inheritance and adoption, whereas India’s secular legal system is applied to issues of criminal law and civil law.

When can a law be declared null and void by a court?

A law be declared null and can void by a court by: If it is contradictory to a standing Constitutional law. Also, previous court rulings stand as precedents.

What is pre-constitutional law?

Pre-constitutional laws are the ones which were enacted and enforced way before the Indian Constitution came into existence. Hence, the present judicial system in India derives much from the British system of Law and has very few connections with the Indian Legal system.

What is Article 13(1) of the Indian Constitution?

Article 13 (1) talks about the laws which were present before the constitution came into force. It says that if they are inconsistent with the provisions of the part of this article will be void to the extent of the inconsistency. Article 13 (2) talks about the laws which are passed after the constitution came into force.

Do personal laws come under the definition of law under Article 13?

No, personal laws do not come under the definition of law under Article 13 of the Constitution. This was first decided by the Bombay High Court in State of Bombay v. Narasu Appa Mali. The reasoning given by the court in this case has been under severe criticism. However, the observation of the court hasn’t yet been overruled by the apex court.

Is Article 13 a barrier to women’s rights in India?

If personal laws would have been regarded as laws as enunciated above, Article 13 would not have been necessary in the Indian Constitution. Rather than protecting fundamental rights, Article 13 is becoming a barrier for women in attaining fundamental rights.

What is Article 13(2) of the Constitution?

Article 13 (2) talks about the laws which are passed after the constitution came into force. It renders all the laws void which violates the provisions of this part.