In this judgment authored by Justice Adarsh Kumar Goel, and delivered today, the Supreme Court has upheld the validity of the Government servants conduct rules which prohibit second marriage when the first marriage is subsisting. The appellant, a Muslim, challenged the validity of the Conduct Rules, on the ground that it violates Article 25. The Court dismissed the contention by relying on Sarla Mudgal v Union of India , and Javed v State of Haryana. In Sarla Mudgal , the Court had suggested to the UOI to enact a Uniform Civil Code and in a case last year, the Delhi High Court dismissed a petition seeking a direction to the UOI to enact UCC. [The judgment is here]
In Javed, the challenge was against a law which sought to disqualify successful candidates in Panchayat elections, if they had more than two children. The Supreme Court upheld the law, and dismissed the challenge.
What one finds interesting in both Javed and Khursheed Ahmad Khan is that the Supreme Court has carefully avoided any reference to the enactment of UCC.
[As part of our New Scholarship section, we have been inviting discussants to respond to the public law-themed articles featured in Volume 5 the Indian Law Review. You can access all the posts in...
[Ed Note: As part of our New Scholarship section, we have been inviting discussants to respond to public law themed articles featured in Volume 5 the Indian Law Review. You can access the posts in...
[Ed Note: As part of our New Scholarship section, we have been inviting discussants to respond to the public law themed articles featured in Volume 5 the Indian Law Review. You can access the posts...
The article revolves around the recent order promulgated by China's National Radio and Television Administration (NRTA). The authors examine the same through the lens of international human rights...
Varadaraja Shivaraya Mallar, who taught at seven law schools across India, left us on Saturday. With his ebulliently booming voice, Professor V.S. Mallar introduced generations of students to the...