Tussle between Religious Laws and Constitutional Laws

  • Devesh Pandey and Saumya Shukla
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  • Devesh Pandey

    Student at Galgotias University, India

  • Saumya Shukla

    Student at Galgotias University, India

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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.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 726 - 732

DOI: https://doij.org/10.10000/IJLMH.111329

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