Personal laws as law or law in force: An unfinished debate on secularism and article 13

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

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Publication Details

Journal
International Journal of Criminal Common and Statutory Law
Published
2025-01-01
DOI
https://doi.org/10.22271/27899497.2025.v5.i1b.127
Primary Topic
Religious Freedom and Discrimination
Type
article
Field-Weighted Citation Impact
0.00
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article

Personal laws as law or law in force: An unfinished debate on secularism and article 13

Niharika Niharika, Ajay Kumar Bhatt
International Journal of Criminal Common and Statutory Law
Religious Freedom and Discrimination
article

Personal laws as law or law in force: An unfinished debate on secularism and article 13

Niharika Niharika, Ajay Kumar Bhatt
article en

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

International Journal of Criminal Common and Statutory LawVol. 5(1)
Amity University (AE)
Peace, Justice and strong institutions
Openalex Percentile: Top 84%
Religious Freedom and Discrimination
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