Constitutional Morality and Religious Autonomy : Rethinking Personal laws in India's Rights Framework

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Authors: Mayank Chaurasia
Cited by: 0

Abstract

Personal laws occupy a very unique and complex position within the framework of India's constitutional architecture. They derive their legitimacy from religious traditions, beliefs, faith; But still the fact is that they operate within a constitutional order that insists upon the values of equality, individual dignity, and non-arbitrariness. This tension even becomes sharper when courts increasingly confront claims where religious autonomy seems to be conflictual with fundamental rights. The debate, thus, no longer just about whether reform is needed in either of personal laws or constitution, but how constitutional morality should guide such reform without erasing genuine religious freedom along with preserving constitutional values.

Fields of Study & Subjects

Religious Freedom and Discrimination Comparative constitutional jurisprudence studies American Constitutional Law and Politics

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
27 January 2026
Language
EN