CLAT Sample Paper UG-CLAT Mock Test-6 (2020)

  • question_answer
    The Hindu Law that was consolidated, developed and applied during the British period in India is called Anglo-Hindu Law. In 1772, Warren Hastings declared that in the matters of inheritance, marriage, caste and other religious usages or institutions, Muslims shall be governed by the law of Quran and Hindus shall be governed by the Shastras. During those days the Sharia was readily available for Muslims but for Hindus, and other non-Muslims such as Jains, Buddhists, Sikhs, Parsis and tribals, such consolidated information was not available. The period of Anglo-Hindu Law may be further divided into two phases.
    a. The first phase (1772-1864) 
    From 1772 to 1864 is considered as the first phase. This phase had three main features:
    1. Firstly, it is during this phase that the Dharmashastras were collected and translated. Many British scholars like Henry Thomas Colebrooke, J.C.C. Sutherland, William Jones and Harry Borrodaile were the main contributors in this development.
    2. Secondly, the “court pundits” in various levels of British courts to aid British judges were invited. Their role was to interpret the Classical Hindu Law on issues that were brought before the courts.
    3. Thirdly, the “court pundits” became redundant after some time. This happened because the judicial decisions that were given with the help of such court pundits became the precedents, and the courts started relying on the precedents. Court pundits were no longer required.
    b. The second phase (1864-1947)
    The second phase begins with the dismissal of court pundits. It was during this time that the codification of Anglo-Hindu Law started. British Parliament passed a series of Acts during this time in order to improve the Hindu Law as it then stood. With such legislations and the development of case law the importance of Dharmashastras started diminishing. The British administrators undertook a massive task of collecting the customary laws through interviews, observations and discussions with locals. Such collection became the resources of the courts for future. Gradually the Dharmashastras lost its importance that it once held and the Indian legal system started taking colour of the British legal system.
    MODERN HINDU LAW
    After the independence of India, a need was felt to codify and amend the Hindu personal laws. Thus, the Hindu Code Bill was proposed. Hindu Code Bill aimed at consolidating the Hindu Law, and also reforming it wherever need. It led to a debate whether even the personal law should be applied to all citizens irrespective of religion or not. Hindu Code Bill Was progressive, secular and also sought to create a united Hindu population. In modern times the Hindu Law is to be found in many legislations passed by Parliament of India as well as in judicial precedents which frequently make reference to Dharmashastras to take a decision on any point. The main legislations dealing with Hindu Law are: the Hindu Marriage Act, 1955; the Hindu Succession Act, 1956; the Hindu Minority and Guardianship Act 1956; and the Hindu Adoptions and Maintenance Act, 1956.
    When did the Hindu Code Bill come into existence?

    A) During the first phase of Anglo-Hindu period

    B) During the second phase of Anglo-Hindu period

    C) It came with the Govt. of India Act, 1919

    D) After independence

    Correct Answer: D

    Solution :

    (d) After the independence of India, a need was felt to codify and amend the Hindu personal laws. Thus, the Hindu Code Bill was proposed. Hindu Code Bill aimed at consolidating the Hindu Law, and also reforming it wherever need.


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