Question

Consider the following statements about Status of Personal Law in India

1. Personal law subjects like marriage, divorce, inheritance come under State List

2. Christians and Jews follow the same personal law in India

Which of the above statements is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer 1

Correct Answer - Option 4 : Neither 1 nor 2

The correct answer is Neither 1 nor 2. 

In News -

• The Supreme Court has agreed to examine a plea to frame uniform guidelines on divorce, maintenance and alimony for all religions.
• A petition was filed in the court that argued divorce, maintenance and alimony laws in certain religions discriminated and marginalised women.

• Status of Personal Law in India:
  • Personal law subjects like marriage, divorce, inheritance come under Concurrent list. Hence, Statement 1 is NOT correct.
  • Hindu personal laws have been by and large secularized and modernized by statutory enactments (The Hindu Marriage Act, 1955).
  • On the other hand, Muslim personal laws are still primarily unmodified and traditional in their content and approach (Eg: Shariat law of 1937).
  • Apart from it, Christians and Jews are also governed by different personal laws. Hence, Statement 2 is NOT correct.

• Article 142 provide(s) a unique power to the Supreme Court, to do “complete justice” between the parties, i.e., where at times law or statute may not provide a remedy, the Court can extend itself to put a quietus to a dispute in a manner which would befit the facts of the case.