FL-0003Fault Lines · Family · Wanted
Open question
Is personal law "law" that fundamental rights can strike down?
Is Personal Law "Law" under Article 13?
Scope
Narasu Appa Mali has never been overruled, yet courts test personal law against Part III. The unresolved disagreement.
Authorities to start from
- State of Bombay v. Narasu Appa Mali, AIR 1952 Bom 84
- Shayara Bano v. Union of India, (2017) 9 SCC 1
- Indian Young Lawyers Assn. v. State of Kerala, (2019) 11 SCC 1
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