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Research Paper Volume 4 Issue 4 726 - 732 July 12, 2021

Tussle between Religious Laws and Constitutional Laws

Lead author · Corresponding
Devesh Pandey
Student at Galgotias University, India
Co-author
Saumya Shukla
Student at Galgotias University, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.111329
Abstract

India is a secular democracy, ideally, there should not be any kind of face-to-face between religion and laws of the land. But in reality, courts are called upon to resolve such kinds of issues of religion and their decision creates a long-lasting effect in society. Although states are out of this conflict ideally by declaring themselves secular but in litigation and court these conflicts appear. Then the burden of shortcomings of the legislature to clearly differentiate the personal laws and central legislative laws moves on the shoulders of the judiciary. Most of the cases of civil nature including marriage, divorce, inheritance of property, etc have to deal with this issue. In this article, we take a complete holistic view of these personal laws history to present the scenario and briefly comment on the decisions of the court in these cases. In the end, the possible solution is discussed in form of the Uniform Civil Code.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 726 - 732
DOI: https://doij.org/10.10000/IJLMH.111329
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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