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Triple Talaq Centre submits four questions for Supreme Court to consider

Vasudha Misra

In a major development in the Triple Talaq issue that has been the focus of much coverage, the Supreme Court has taken the first step towards the framing of issues in the case.

A Bench of the Chief Justice JS Khehar and Justices NV Ramana and DY Chandrachud today received four questions from the Central government to be considered by the Court in the matter.

The following questions were submitted by the Centre for the consideration of the Court:

  1. Whether the impugned practices of talaq-e-biddat, Nikaah halala and polygamy are protected under Article 25(1) of the Constitution of India?
  2. Whether Article 25(1) is subject to part III of the Constitution and in particular Articles 14 and 21 of the Constitution of India?
  3. Whether personal law is law under Article 13 of the Constitution?
  4. Whether the impugned practices of talaq-e-biddat, Nikaah halala and polygamy are compatible with India’s obligations under International treaties and covenants to which India is a signatory?

It might be interesting to note that the Bench seemed particularly inclined to refer the matter to a Constitution Bench, an inference which was given impetus by the CJI’s reluctance to speak on behalf of his brethren “who might be a part of the Bench”.

The Supreme Court had hinted at a Constitution bench reference previously in June last year, when TS Thakur was Chief Justice of India.

The matter is now posted for March 30, which is when the Court is expected to frame questions for the consideration of a larger bench.

As has previously been reported, the case will be heard by the apex court in the summer vacation.

Read the questions framed by the Central government below.

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