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.
Summary: In this piece, we continue the discussion on Prof. Nivedita Menon’s latest book, Secularism as Misdirection: Critical Thought from the Global South. The summary of the book by Prof...
Blurb: The Bharatiya Nyaya Sanhita’s Section 104 revives the constitutional infirmities of the repealed Section 303 IPC, despite its ostensible reformist intent. By maintaining mandatory sentencing...
Blurb: This blog discusses the inadequacy of the current refugee law framework in addressing the pressing issue of climate refugees. It subsequently discusses the imminent need to develop regional...
Blurb: This blog discusses the inadequacy of the current refugee law framework in addressing the pressing issue of climate refugees. It subsequently discusses the imminent need to develop regional...
Blurb: The Essential Religious Practices (ERP) Test is scheduled to be reviewed by the Supreme Court of India. This piece highlights the inadequacies of the ERP Doctrine, and argues for a change...
Blurb: The article advocates extending euthanasia to non-terminally ill patients, emphasizing autonomy and dignity under Article 21. Critiquing current laws, it highlights ethical dilemmas and...