Optimize IAS
  • Home
  • About Us
  • Free Initiatives
    • Daily Practice Sheets
    • Daily Prelims Notes
    • Prelims Power Play
    • Mains Factly
    • Sunday Essay Sadhna
    • Mains Master Notes
  • Courses
    • Prelims 2023
      • Laqshya 2023
      • Laqshya 2023 OPTIMA
    • Integrated Guidance 2023
      • ARJUNA Prime 2023
      • ARJUNA 2023
    • Mains Guidance 2023
      • DPS Prime (Current)
      • Mains Mentorship Program (Static)
    • CSE Interview Mentorship
    • ESSAY MASTER CLASS 2023
    • ETHICS MASTER CLASS 2023
  • Downloads
    • Daily Prelims Notes Compilation
    • Daily Practice Sheet Compilation
    • PPP Compilation
    • PSIR Notes
    • General Studies Notes
    • UPSC Mains Previous Year Papers
  • Portal Login
  • Home
  • About Us
  • Free Initiatives
    • Daily Practice Sheets
    • Daily Prelims Notes
    • Prelims Power Play
    • Mains Factly
    • Sunday Essay Sadhna
    • Mains Master Notes
  • Courses
    • Prelims 2023
      • Laqshya 2023
      • Laqshya 2023 OPTIMA
    • Integrated Guidance 2023
      • ARJUNA Prime 2023
      • ARJUNA 2023
    • Mains Guidance 2023
      • DPS Prime (Current)
      • Mains Mentorship Program (Static)
    • CSE Interview Mentorship
    • ESSAY MASTER CLASS 2023
    • ETHICS MASTER CLASS 2023
  • Downloads
    • Daily Prelims Notes Compilation
    • Daily Practice Sheet Compilation
    • PPP Compilation
    • PSIR Notes
    • General Studies Notes
    • UPSC Mains Previous Year Papers
  • Portal Login

Only Parliament can amend the law to provide a uniform marriage age

  • February 21, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
No Comments
Print Friendly, PDF & Email

 

 

Only Parliament can amend the law to provide a uniform marriage age

Subject: Polity

Section: Judiciary

Concept:

  • The Supreme Court while dismissing a petition seeking to increase the minimum age of marriage of women from 18 to 21 has said that only Parliament can amend the law to provide a uniform marriage age as it is left to the ultimate wisdom of the Parliament.
  • The Chief Justice of India D.Y. Chandrachud has held that it should not be perceived that the judiciary is the exclusive custodian of the Constitution as the Parliament is equally the custodian of the Constitution.
  • The petitioner sought a legislative amendment to increase the minimum age of marriage to 21 years saying that the prescription of 18 years was arbitrary.
  • However, according to the apex court, it is trite law that the court in its exercise of Article 32 of the Constitution cannot issue a mandamus to the Parliament to legislate a matter entrusted to the Parliament or the State Legislatures to exercise power.

Prerogative Writs

  • Mandamus is among the “prerogative writs” in English common law — meaning the extraordinary writs or orders granted by the Sovereign when ordinary legal remedies are inadequate.
  • These are habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
  • In India, the Supreme Court can issue prerogative writs under Article 32 of the Constitution, and the High Courts under Article 226.

Mandamus

  • Mandamus literally means ‘we command’. When issued to a person or body, the writ of mandamus demands some activity on their part.
  • It orders the person or body to perform a public or quasi-public duty, which they have refused to perform, and where no other adequate legal remedy exists to enforce the performance of that duty.

When is it used?

  • The writ cannot be issued unless the legal duty is of public nature, and to whose performance the applicant of the writ has a legal right.
  • The remedy is of a discretionary nature — a court can refuse to grant it when an alternative remedy exists.
  • However, for enforcing fundamental rights, the alternative remedy argument does not hold as much weight, since it is the duty of the Supreme Court and the High Courts to enforce fundamental rights.
  • When a public officer or government does an act that violates the fundamental right of a person, the court would issue a writ of mandamus against such authorities so that the person’s rights are not infringed.
  • The writ can also be issued against inferior courts or other judicial bodies when they have refused to exercise their jurisdiction and perform their duty.

Limitations

  • Under Article 361, mandamus cannot be granted against the President or Governor of a State, “for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties”.
  • The writ also cannot be issued against a private individual or body, except where the State is in collusion with the private party for contravening a provision of the Constitution or a statute.
Only Parliament can amend the law to provide a uniform marriage age Polity
Print Friendly, PDF & Email
Loading

Recent Posts

  • Uproar in Israel March 30, 2023
  • In a first in 7 years, RBI rejects all bids for 91-day Treasury bill  March 30, 2023
  • Fitch flags contagion risk at two Adani Group entities March 30, 2023
  • NCLAT upholds CCI’s ₹1337­cr fine on Google March 30, 2023
  • UGC to stay out of bid to remove governor as varsity chancellors March 30, 2023
  • Civic polls unlikely in Nagaland after move to repeal municipal act March 30, 2023
  • Digital Public Infrastructure in India March 30, 2023
  • Solar PV waste management March 30, 2023
  • India is indeed the mother of democracy – PM March 30, 2023
  • Army to get satellite, will help provide mission critical data March 30, 2023

About

If IAS is your destination, begin your journey with Optimize IAS.

Hi There, I am Santosh I have the unique distinction of clearing all 6 UPSC CSE Prelims with huge margins.

I mastered the art of clearing UPSC CSE Prelims and in the process devised an unbeatable strategy to ace Prelims which many students struggle to do.

Free Initiatives

  • Daily Practice Sheets
  • Daily Prelims Notes
  • Mains Factly
  • Prelims Power Play
  • Sunday Essay Sadhna

My Proven Strategy

  • Interview Strategy
  • Mains Strategy
  • Motivational
  • Prelims Strategy

Contact us

moc.saiezimitpo@tcatnoc

For More Details

Work with Us

Connect With Me

Santosh Pandey Quora Santosh Sir Telegram Santosh Sir Youtube Optimize IAS Instagram

Course Portal
Search