Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, October 10, 2018

India Passes Ambiguous Muslim Divorce Regulation Bill

From Saudi Gazette: 

AT last, the government of India has enacted the Muslim Women (Protection of Rights on Marriage) Bill without any amendments whatsoever to the draft. As the bill was not cleared by the Rajya Sabha, the upper house of the Indian parliament, the government took the route of presidential ordinance to implement the bill despite the fact that the ordinance and hence the regulatory effect will lapse in six months since it will not be cleared by the Rajya Sabha by then.

Moreover, an ordinance is a constitutionally sanctioned ad hoc mechanism by which critically urgent situations are met when Parliament or a State Assembly is not in session and the government cannot afford to wait until it reassembles for fear of things becoming unmanageable if not legislatively redressed immediately.

Read more here

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