balu mangle (employee) 09 May 2013

Validity

Sir,

Our Constitution is Supreme and Parliament gets power to enact laws on various subjects as per lists.

Constitution has not given preferance to any particular religion. Law of inharitance is applicable to a person as per his / her faith. Parliament has amended Hindu Succession Act, 1956 and made status of daughters equal as to the sons to inherit ancestral property. My question is, if Parliament has right to enact laws for Hindus, then it should have right to enact laws for Muslims also for governing their ancestral property. Or if the Parliament has no right, then this amendment of Hindu Succession Act, 1956 or the Act itself is violation of the provison of our fundamental rights guarranted by our Constitution.

I am not against Muslims or My Hindu Sisters who have got equal rights after the amendments of the act.

regards for clerification, thanks.

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1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 09 May 2013

Article 14: To secure ‘equality before law’ and ‘equal protection of law’ to which only President and Governors are exceptions.

The expression ‘equality before law’ implies absence of any special privileges in favour of any person. The second expression ‘equal protection of law means that the same law shall apply to all who are similarly situated.

Article 15: Prohibition of discrimination on grounds of religions, race, s*x etc.

Exceptions :

1. Special provisions for women and children.

2. Article 15(4) provides for special protections for groups of citizens who are economically and socially depressed.

Article 16 ensures equality of opportunities in public employment. However, special measures could be taken for the development of women, children and weaker sections of society.