Back
S. B. SINHA, A. R. LAKSHMANAN
John Vallamattom – Appellant
Versus
Union Of India – Respondent
Key Points: - The judgment holds Section 118 of the Indian Succession Act, 1925 unconstitutional for violating Article 14 (equality before law) (!) (!) (!) . - Section 118 imposes discriminatory restrictions on bequests for religious/charitable uses specifically affecting Indian Christians compared to other religious communities (!) (!) (!) (!) . - The Court discusses the absence of uniform civil code enforcement (Article 44) and urges Parliament to address uniformity; it notes pre-constitution status of the Act and its continued force only insofar as consistent with Part III, but ultimately strikes down the provision (!) (!) . - The decision emphasizes that charitable/religious bequests are not inherently tied to Christian faith and are violative of Articles 25 and 26 when singled out (!) (!) . - The judgment references international covenants (ICCPR Article 18, Declaration on the Right to Development) in evaluating the impugned provision (!) (!) (!) . - The petitioners demonstrate that Section 118 creates an irrational 12-month survival requirement and six-month deposit, with no nexus to the object of the law (!) (!) . - The Court notes that other communities (Hindus, Muslims, Parsis, etc.) are not subject to Section 118, leading to an anomalous, discriminatory regime (!) (!) . - The judgment culminates in allowing the writ petition and declaring Section 118 unconstitutional; costs are to be borne by each party (!) .
JUDGMENT
V.N. Khare, CJI.-In this petition under Article 32 of the Constitution of India we are concerned with the constitutionality of the provisions of Section 118 of the Indian Succession Act, 1925 (hereinafter referred to as the Act ).
2. Petitioner No. 1 is an Indian citizen and is a Christian Priest belonging to the religious denomination of Roman Catholics. The second petitioner is also a member of the Christian community. The petitioners are aggrieved by the discriminatory treatment meted out to the members of the Christian community under the Act by which they were practically prevented from bequeathing property for religious and charitable purposes and that has led them to file this writ petition.
3. The history of Section 118 of the Act can be traced to an ancient British statute of 1735 known as Charitable Uses Act, 1735 [hereinafter referred to as "1735 Act"]. 1735 Act provided that gift by Will after 24th June, 1736 of land for charitable purposes were void as a general rule, 1735 Act was repealed by Mortmain and Charitable Uses Act, 1888. Part I of Mortmain and Charitable Uses Act, 1888 prohibited assurance of land to charitable corporations by providing that land s
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
