Volume : 5, Issue : 9, SEP 2019

JUDICIAL REVIEW ACTIVISM IN INDIAN DEMOCRACY

DR.V.SOLABUTHISALI

Abstract

Personal Laws are set of laws which govern and regulate relations arising out of certain factors connecting two persons or more than two persons. Those factors are: Marriage, Blood, and Affinity.  Moreover, personal law governs and regulates subjects or areas of personal sphere such as: Marriage, Divorce, Maintenance, Succession, Minority & Guardianship etc. Barring few, most of the personal laws in India are based on scriptural laws which are divided and based on religions. They provide norms of governing personal relations in the family set up. With the passage of time, these norms were given statutory recognition with several enactments in the area of Marriage, Divorce, Maintenance, Inheritance & Succession, Guardianship and Custody matters. Importance of personal laws can be seen by its very nature, composition and personas and relations to which it is being applied. Personal laws occupy a unique position in today’s age and it plays a vital role in keeping the society in the civil bounds. There are few areas in some communities, which are yet to be given a legislative shape. It is actually the political environment hampering the reform in few personal laws of the country. As referred above, Personal laws can be of following types:

1) Religious practices

2) Customs and Usages

3) Statutes in the nature of: 

  1. Codification of customary or religious practices as a part of personal laws and
  2. Repealing of or alternation of existing (arbitrary, discriminatory or unreasonable laws) personal laws
  3. Secular laws or secular provision of laws dealing with marriage, maintenance or succession etc., which is otherwise dealt with the branch of personal laws. Such Statutes or laws are being branded as ‘Secular family laws’ and.
    1. Judicial interpretations in case of ambiguities.

Keywords

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