GUWAHATI: In a significant development, the Government of Assam has established an Expert Committee to assess the legislative authority of the State Assembly in enacting the law aimed at prohibiting polygamy within its jurisdiction.
The Executive Summary of the Expert Committee's report outlines the constitutional framework underpinning the decision.
The report elucidates that the Indian Constitution empowers both the Union and the States to legislate on certain subjects, including "Marriage," a domain encapsulated within the Concurrent List. This shared jurisdiction affords both the central government and the states the ability to enact laws pertaining to this matter.
The Doctrine of Repugnancy encapsulated within Article 254 of the Constitution, delineates that if a state-level legislation contravenes a corresponding central legislation, the state law will be superseded unless it has received the prior assent of the President of India.
Articles 25 and 26 of the Constitution uphold the freedoms of conscience and the right to practice religion. However, these liberties are not unbounded and are subject to considerations of public order, morality, health, and legislative provisions aimed at societal welfare and reform. Judicial interpretation has clarified that religious practices warrant protection only if they are integral and indispensable to a particular religion. Pertaining to Islam, the courts have ruled that polygamy is not deemed an essential component of the faith. Therefore, regulations imposing restrictions on the number of spouses do not infringe upon the right to religious practice and squarely fall within the ambit of "social welfare and reform." Consequently, laws advocating monogamy are consistent with Article 25 of the Constitution.
Considering these constitutional principles, the Expert Committee concludes that the State of Assam possesses the necessary legislative competence to enact a state-level law aimed at curtailing the practice of polygamy.
The government has now extended an invitation to the public to contribute their insights and suggestions regarding the proposed legislation to ban polygamy within the state.
The deadline for submitting suggestions is set for August 30, 2023.