Asks him to appear as amicus curiae

The Supreme Court on Wednesday asked senior advocate Salman Khurshid to assist it as amicus curiae before a Constitution Bench scheduled to hear a batch of petitions arguing that the practices of triple talaq and polygamy violate the fundamental rights of Muslim women.

The court allowed Mr. Khurshid to file his written submissions before the Constitution Bench that is set to convene on May 11, 2017. The Constitution Bench will examine if these personal law practices are the “fundamental traits” of the minority religion.

The Centre wants the court to re-open the debate whether personal laws can be brought under the ambit of Article 13 (laws inconsistent with or in derogation of the fundamental rights) of the Constitution.

If the Supreme Court agrees that personal laws are included in the definition of laws under Article 13, the door will be opened wide for an aggrieved person to challenge a particular personal law of a religion in court as violative of the Fundamental Rights.

If the challenge succeeds in court, the personal law, to the extent of its inconsistency, shall become void.

The Centre has also asked the Supreme Court to determine whether triple talaq, nikah halala and polygamy are protected under the freedom of religion under Article 25, and whether this Article is subject to fundamental rights, especially the right to life and freedom of speech and expression.

‘Court lacks jurisdiction’

The All-India Muslim Personal Law Board (AIMPLB), on the other hand, has contended that the court has no jurisdiction to hear pleas challenging the practices of triple talaq, nikah halala and polygamy. The Board said the validity of Mohammedan Law, founded essentially on the Holy Quran and sources based on it, cannot be tested on the particular provisions of the Constitution.