Buddhist Personal Law Action Committee v. Union of India - Constitutional Validity Of Statutes - Law Commission of India

Law Commission of India - Law Commission of India is one of the premier non-statutory institutions of this country ordinarily headed by a former Judge of Supreme Court or a former Chief Justice of the High Court. The primary responsibility assigned to the Law Commission is to provide its expert opinions with respect to the amendments/deletion/repeal/enactment of various laws to bring each statute in conformity with our constitutional ethos, values and moralities. (Para 5) [Context: Writ Petition challenging explanation II of article 25 of the constitution of India and section 2 (b) of the Hindu Marriage Act, 1955 and Section 2 (b) of the Hindu Adoptions & Maintenance Act, 1956 and Section 2 (b) of the Hindu Succession Act, 1956 and Section 3 (b) of the Hindu Minority & Guardianship Act, 1956 in their application to the Buddhist religion - Supreme Court disposed of this writ petition by treating as a representation on behalf of the petitioner-Trust/Committee to the Law Commission of India.

Case Info

  • Case name: Buddhist Personal Law Action Committee v. Union of India & Ors.
  • Neutral citation: Not provided on this order sheet.
  • Coram: Hon’ble the Chief Justice; Hon’ble Mr. Justice Joymalya Bagchi
  • Judgment/order date: 28-11-2025
  • Case number: Writ Petition (Civil) No. 1138/2025

Caselaws and Citations

  • Prior identical issue noted as previously raised and proposals sent to the Law Commission of India, but no specific case names or citations are mentioned in this order.

Statutes / Laws Referred

  • Constitution of India: Article 32; Fundamental Rights under Articles 14, 15, 25(1), 26, 29; Article 25 Explanation II (challenged)
  • Hindu law statutes (challenged provisions):
    • Hindu Marriage Act, 1955: Section 2(b)
    • Hindu Adoptions & Maintenance Act, 1956: Section 2(b)
    • Hindu Succession Act, 1956: Section 2(b)
    • Hindu Minority & Guardianship Act, 1956: Section 3(b)