Divorce Law

When Ancient Laws Meet Modern Rights βš–οΈ


Listen Later

πŸ›οΈ The Great Constitutional Collision

🌟 Imagine waking up one day to find that your neighbor has a legal right to buy your property just because they live next door! Or that a centuries-old religious practice could suddenly be declared unconstitutional. This is exactly what happened when India's Constitution came into force in 1950.

πŸ’‘ What You'll Discover:

  • πŸ” How Article 13 acts as a constitutional filter, testing every old law against fundamental rights
  • βš–οΈ The "Doctrine of Eclipse" - why some laws don't die, they just go to sleep
  • 🎯 The revolutionary concept of "manifest arbitrariness" that can strike down any unreasonable law
  • ⭐ Why personal laws aren't immune from constitutional scrutiny anymore

πŸš€ Landmark Cases Discussed:

  • πŸ’Ž Panch Gurjar Gaur Brahmin vs. Amar Singh (1953) - The case that ended the neighbor's right to your property
  • ⭐ Shayara Bano vs. Union of India (2017) - How triple talaq was declared unconstitutional using the arbitrariness test
  • πŸ”₯ Makku Raothar's Children vs. Manhan Para Charial (1971) - When courts creatively save laws by limiting their scope
  • πŸ“š Narasu Appa Mali vs. State of Bombay (1952) - The old precedent that protected personal laws (now effectively overruled)

🎯 Why This Matters Today:

  • 🏠 Property transactions and inheritance disputes
  • πŸ’ Marriage and divorce laws across different religions
  • ⚑ How to challenge discriminatory practices in court
  • πŸ“‹ Drafting legal documents that won't get struck down

πŸŽ™οΈ This episode reveals how India's Constitution isn't just a dusty document - it's a living force that continues to reshape our legal landscape, one case at a time. Perfect for lawyers, law students, and anyone curious about how ancient traditions adapt to modern constitutional values!

...more
View all episodesView all episodes
Download on the App Store

Divorce LawBy Sharad Bansal