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?

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? Correct Answer 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.

Key Points

  • 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.

Important Points

  • 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.

Related Questions

Read the passage carefully and choose the best answer to each question out of the four alternatives.
Eight north Indian Ocean countries, namely, Bangladesh, India, the Maldives, Myanmar, Oman, Pakistan, Sri Lanka and Thailand, were asked to contribute names so that a combined list could be compiled. Each country gave eight names and a combined list of 64 names was prepared. This list is currently in use, and all cyclones arising in the north Indian Ocean are named from this list, with one name from each country being used in turn. Almost 38 or 39 names from the list have been used up, but since many cyclones dissipate long before they hit land, their names rarely figure in the papers or other media. The names that people do know about, and remember are, naturally, those that were most destructive ones, or very recent. Aila, in 2009 is remembered with a shudder for the enormous destruction it caused in West Bengal and Bangladesh; Phaillin, also for the damage it caused when it hit the Odisha coast in 2013. Two harmless cyclones, which also might remain in peoples memory, are the more recent ones of 2014 — Hudhud, which threatened the east coast of India and Nilofar, which was expected to, but did not, devastate the western coast. The names in the cyclone list are usually words one associates with storms; words which mean water or wind or lightning in various national languages. Sometimes they are names of other things — birds or flowers or precious stones. The name Aila, contributed by the Maldives means fire, the name Phaillin from Thailand means sapphire, the name Hudhud from Oman is the name of a bird, probably the hoopoe, and the name Nilofar, given by Pakistan, is the Urdu name of the lotus or water lily. The eight names suggested by India, and which are in the list of 64, are Agni, Akaash, Bijli, Jal, Leher, Megh, Sagar and Vayu, meaning in that order, fire, sky, lightning, water, wave, cloud, sea and wind. Five of these names (that is, up to Leher) have been used so far.
Which country did not contribute to the list of the cyclone names?