SC: Statutory Authorities may Intervene When Housing Societies Delay Membership Decisions  ||  SC: Quasi-Judicial Authorities Cannot Exercise Review Powers Unless Expressly Granted By Statute  ||  SC: Special Court Cannot Order Confiscation While Appeal Against Attachment Confirmation is Pending  ||  SC: Photocopies are Not Evidence Unless Conditions for Leading Secondary Evidence are Proved  ||  Calcutta HC: Conviction under Essential Commodities Act Invalid if Stock Measured With a 'Stick'  ||  Kerala High Court: Universities Must Regulate Student Political Activities to Curb Campus Violence  ||  Calcutta HC: Accused Has No Right on Investigation Mode or Impleadment in Probe Writ  ||  Gauhati HC: POCSO Probes Must be Child-Friendly, With Sensitized Investigators to Ensure Clear Truth  ||  Kerala HC: Orders Barring Disclosure of Witness Statements Must State Reasons For Each Witness  ||  SC: Hard to Believe Married Woman Was Lured Into Sex by False Marriage Promise; Case Quashed    

The State of Bombay v. Narasu Appa Mali - (High Court of Bombay) (24 Jul 1951)

Personal laws not disturbed by fundamental rights

MANU/MH/0040/1952

Constitution

What could the Bombay High Court have said that stung Finance Minister Arun Jaitley so, leading him to call it “one of the most adverse judgments”. After all in 1951 the Bombay High Court, dissecting the Bombay Prevention of Hindu Bigamous Marriages Act, 1946, held that “even if the State Legislature has infringed upon Hindu religion or its practice as alleged, it would be perfectly competent for the State Legislature to do so, if it is legislating for social welfare and reform”. Subsequently upholding the aforementioned Act, it appears to have concreted positive social change in the shift away from bigamy to monogamous marriages in Hindus. Perhaps Mr Jaitley’s angst lies in personal laws being escaped from the ambit of Article 13 of the Constitution. Held to not form part of the “laws in force”, the decision allowed polygamy to subsist in other religions, possibly in contravention of Article 15.

Relevant : Article 13 of the Constitution of India Act Article 15 of the Constitution of India Act Article 25 of the Constitution of India Act

Tags : PERSONAL LAWS   BIGAMY   FUNDAMENTAL RIGHTS   SOCIAL CUSTOM  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved