Personal laws v. indian consti
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Project presentation: Personal Laws v. The Indian Constitution
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Editor's Notes
- Article 44: The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
- Ambedkar: "[citizens of the Indian state would have a right] to claim full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by other subjects regardless of any usage or custom based on religion and be subject to like punishment, pains and penalties and to none other
- Article 13: The article essentially makes it a point to make all laws in violation of the fundamental rights to be invalid and unconstitutional. Clause (1) of this Article essentially talks about laws that are already in force before the constitution’s enforcement. Any law that could violate important Fundamental Rights, would be void, and hence, cannot be enforced. The second clause prohibits the state from implementing any law that would contravene Fundamental Rights that are enshrined in the Constitution. Finally, it must be remembered that “law” has been given a very broad definition by 13(3) to include phenomenon as broad as “customs” and “legislation. Article 25: Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. Article 372: In Re., Amina, AIR 1992 Bom. 214 Dasaratha Rama Rao, Gazula v. State of Andhra Pradesh AIR 1961 SC 564