Question 48 of 77 · Judiciary
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The Supreme Court of India declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional in:

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Answer: Option B — 2017

Detailed Solution

On 22 August 2017, a five-judge Constitution Bench of the Supreme Court, in the Shayara Bano v. Union of India case, declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional by a 3 to 2 majority.

What instant triple talaq means:

  • It was a practice under which a Muslim man could divorce his wife immediately by saying "talaq" three times at once, in any form, including by letter, phone or message.
  • The wife had no say in the matter.

The case:

  • Shayara Bano, a woman from Uttarakhand, challenged the practice after her husband divorced her by instant triple talaq.
  • Other petitions were filed by women and organisations, and the cases were heard together.

The judgment:

The majority held that instant triple talaq is arbitrary and violates Article 14 of the Constitution.

Justices R.F. Nariman, U.U. Lalit and Kurian Joseph formed the majority.

Chief Justice J.S. Khehar and Justice S. Abdul Nazeer dissented, but they suggested that Parliament should make a law on the issue.

The bench had judges from five different religious communities, which was noted as significant.

The law that followed:

  • Parliament later passed the Muslim Women (Protection of Rights on Marriage) Act.
  • It made the pronouncement of instant triple talaq a criminal offence, punishable with imprisonment of up to three years.
  • The law also provides for maintenance for the wife and children.

Other forms of talaq:

The judgment did not affect other forms of talaq, such as talaq-e-hasan, which is pronounced over a period of time.

Issues raised by the case:

  • The case raised questions about gender justice, personal laws and the relationship between religion and the Constitution.
  • It also revived discussion about a Uniform Civil Code, which Article 44, a Directive Principle, asks the State to secure.

Other countries:

Many Muslim-majority countries, such as Pakistan and Bangladesh, had already banned or regulated instant triple talaq.

Why not the other options?

  • ✗2015, 2018 and 2019 do not match the year of the judgment.

Quick tip

Remember: Shayara Bano case = 22 August 2017; instant triple talaq declared unconstitutional (3 to 2).

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Judiciary — Preparation

This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.