ADOPTION
- Although there is no general law governing adoption, it is permitted by the Hindu Adoption and Maintenance Act, 1956 amongst Hindus and by custom amongst a few numerically insignificant categories of persons.
- Since adoption is legal affiliation of a child, it forms the subject matter of personal law.
- Muslims, Christians and Parsis have no adoption laws and have to approach the court under the Guardians and Wards Act, 1890.
- The Indian Succession Act was enacted in 1925 to consolidate the law applicable to intestate and testamentary succession which was in existence at that time.
THE ANAND MARRIAGE (AMENDMENT) ACT, 2012
- The Anand Marriage Act, 1909 (7 of 1909) was enacted to remove doubts as to the validity of the marriage rights of the Sikh called “Anand” and it does not provide for the provisions of registration of marriages.
- The Hindu Marriage Act, 1955 applies to all Hindus, Buddhists, Jains or Sikhs by religion.
- Section 8 of the Hindu Marriage Act, 1955 provides for registration of Hindu marriages and as Sikhs was included in the definition of Hindu.
- However, vide the Anand Marriage (Amendment), Act, 2012 (Act No. 29 of 201 2), the Anand Marriage Act, 1909 was amended to provide for registration of Anand marriages commonly known as Anand Karaj.
ELECTION LAWS AND ELECTORAL REFORMS
- The Legislative Department is administratively concerned with the following Acts in connection with the conduct of elections to Parliament, State Legislatures and to the offices of the President and the Vice-President: (i) the Representation of the People Act, 1950 (ii) the Representation of the People Act, 1951 (iii) the Presidential and Vice-Presidential Elections Act, 1952 (iv) the Delimitation Act, 2002 (v) the Andhra Pradesh Legislative Council Act, 2005 (vi) the Tamil Nadu Legislative Council Act, 2010 and (vii) the Parliament (Prevention of Disqualification) Act, 1959.
- The electoral system of our country, which is also called the first-past-the-post system of elections, has completed more than sixty years.
- The Representation of the People (Amendment) Act, 2009 has been enacted in which 5 issues had been dealt which relate to:
- simplification of procedure for disqualification of a person found guilty of corrupt practices by amending Section 8(A) of the Representation of the People Act, 1951 so as to provide for a time limit, say three months, within which the specified ’authority’ will have to submit the case of a person found guilty of corrupt practice to the President;
- making a provision for appointment of the appellate authority within the district against the orders of the electoral registration officers instead of Chief Electoral Officer;
- Increase in security deposit of the candidates from Rs. 10000 to Rs. 25,000 and Rs.5000 to Rs.10000 for Lok Sabha and Vidhan Sabha respectively, which would be reduced by fifty per cent for candidates belonging to Scheduled Castes and Scheduled Tribes;
- inclusion of all officials appointed in connection with the conduct of elections within the scope of Section 123(7) of the Representation of the People Act, 1951
- Restriction on conducting and publication of result of exit polls conducted during election to Lok Sabha and Legislative Assemblies.
