Case Brief (Rewritten): John Vallamattom v. Union of India

Citation: (2003) 6 SCC 611

Name of parties:

Appellants: John Vallamattom & Anr.

Respondent: Union of India

Bench:

Hon’ble Justice S.B. Sinha, V.N. Khare, C.J and Dr. AR. Lakshmanan , JJ

Facts of Case

John Vallamattom, a Christian priest, approached the Hon’ble Supreme Court under Article 32 of the Indian Constitution, challenging the constitutional validity of Section 118 of the Indian Succession Act, 1925. Section 118 imposed certain restrictions on Christians regarding the disposition of the property for religious or charitable purposes through a Will. The petitioners argued that Section 118 imposed an unjustified and autocratic restriction on their ability to donate their personal property for specific religious or charitable purposes out of their own free will because it states that any Christian who has a niece, nephew, or other close relative is not permitted to donate or give their personal property for religious or charitable purposes without first going through a specific structural procedure.

Issues Before Court

• Whether Section 118 of The Indian Succession Act, 1925 is constitutionally valid ?
• Whether Section 118 of the Indian Succession Act, 1925 violates Article 14 (Right to equality) under the Indian Constitution ?

Judgement

The Chief Justice of India, V. N. Khare, began his analysis of the Act's history by pointing out that it had roots in long-repealed English legislation from the seventeenth century. The question is whether the Act is in conflict with the Constitution, he continued, adding that this does not preclude the continuity of implementation until amendment. The Constitution expressly deems void any legislation that predates it and is in conflict with its provisions. He emphasized that only Indian Christians are subject to the prohibition under Section 118 of the Act. Additionally, he believed that because the right granted by Article 15 was personal rather than applied to a collective, it was irrelevant to the situation. Finally, the judge allowed the petition by a unanimous decision of the Court and declared Section 118 of the Indian Succession Act unconstitutional as violating Article 14 of the Constitution.

Key Takeaways

The provision of Section 118 of the Indian Succession Act, 1925 was held to be unconstitutional as it was violating the right to equality enshrined in Article 14 of the Indian Constitution. The rationale behind doing so is that of the provision containing an unjustifiable discrimination relating to religion.