Constitutionalizing Personal Law: A Critical Analysis Of The Triple Talaq Controversy, Gender Justice, And Executive Legislation In India
Raghavendra Singh, Practicing Advocate, Allahabad High Court
ABSTRACT
This paper analyzes the complex constitutional interface between religious personal laws and fundamental civil rights in India. By critically examining the practice of Talaq-e-Biddat (instant triple talaq), the study explores the boundaries of judicial review under Article 32, the constitutional susceptibility of personal laws under Article 13, and the limits of executive power under the Ordinance-making provisions of Article 123. Furthermore, the paper incorporates critical and active legal developments up to 2026, focusing on the constitutional challenges against the criminalization of divorce under the Muslim Women (Protection of Rights on Marriage) Act, 2019. It argues that while the eradication of discriminatory marital practices is a vital milestone for gender justice, the mechanisms of reform must respect the separation of powers, avoid disproportionate criminalization, and align with the principles of transformative constitutionalism and constitutional morality.
