• Navneet Kaur

India being a secular state has adopted the policy of neutrality in matters relating to religion and people belonging to different religions reside within its territory viz; Hindus, Muslims, Christians, Parsis which led to enforcement of different personal laws based on their customary and religious practices. These personal laws have been challenged many times in the court on the ground of inconsistency with the fundamental rights and therefore, violative of Articles 14, 15 and 21 of the Constitution. According to Article 13 the different personal laws existing in India are constitutionally invalid as there is no protection provided to them either expressly or impliedly under Article 13 of the Constitution. The courts hesitate to look into the matter on this aspect due to sensitive nature of the issue as it is based upon religion but in many cases recommended to introduce the uniform civil code. The implementation of a common law for all irrespective of religion, caste etc. could only bring uniformity and enforcement of fundamental rights in the true spirit.

Personal law, constitutional provisions, Equality

"Constitutional Provisions and Personal Laws in India: An Analytical study", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 6, page no.40-48, June 2019, Available :http://www.jetir.org/papers/JETIR1907O08.pdf

"Constitutional Provisions and Personal Laws in India: An Analytical study", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 6, page no. pp40-48, June 2019, Available at : http://www.jetir.org/papers/JETIR1907O08.pdf