JOHN VALLAMATTOM AND ANR. versus UNION OF INDIA

Citation: [2003] SUPP. 1 S.C.R. 638 · Decided: 21-07-2003 · Supreme Court of India · Bench: V.N. KHARE · Disposal: Case Allowed

Judgment (excerpt)

A 
B 
c 
JOHN VALLAMATTOM AND ANR. 
v. 
UNION OF INDIA 
JULY 21, 2003 
[V.N. KHARE, CJ., S.B. SINHA AND DR. AR. LAKSHMANAN, JJ.] 
Constitution of India, 1950; Articles 13, 14, 15, 25, 26, 51 and 3721 
Indian Succession Act, 1925; Section 118: 
Testamentary disposition of property by Christians-Restriction to 
bequest property to religious or charitable uses-Constitutionality of-Held: 
Though restrictions prevent testator from making ill considered death-bed 
bequest under religious influence but restrictions are arbitrary/unreasonable 
as it restricts only the Christians in bequeathing property for charitable 
D purposes-Bequeathing of property for charitable/religious purpose only if 
the testator has a wife but having no nephew/niece or the testator survives 
for 12 months after execution of the Will-Interpretive changes of the statute 
effected by passage of time-Such restrictions are unreasonable/arbitrary/ 
discriminatory-Hence, violative of Article 14 of the Constitution of Jndia-
Charitable Uses Act, 1935-Mortmain and Charitable Uses Act, 1858-
E Charities Act, 1960-/ndian Succession Act, 1865. 
F 
Words and Phrases: 
'Testamentary disposition of property', 'bequest', 'death-bed disposition', 
'philanthropic act', 'suspect legislation '-Meaning of 
Petitioners are members of the Christian community aggrieved by the 
discriminatory treatment meted out to them in India under the Indian 
Succession Act. They were prevented from bequeathing property for 
religious and charitable purposes under Section 118 of the Act. Hence the 
G present Writ Petition. 
H 
It was contended for the petitioners that the impugned provision 
was violative of Articles 14 and 15 of the Constitution of India as it 
discriminates against a Christian vis-a-vis non-Christian, against 
testamentary disposition by a Christian vis-a-vis non-testamentary disposition, 
638 
JOHN VALLAMATTOM v. U.0.1. 
639 
against religious and charitable use of property vis-a-vis all other uses A 
including not so desirable purposes, a (:hristian who has a nephew, niece or 
nearest relative vis-a-vis Christian who has no relative at all against a 
Christian who dies within twelve months of execution of the will of which he 
has no control; that since the impugned provision owes its origin to the Statute 
of Mortmain which was repealed in England, it could not be retained in the 
Indian Statute Book particularly when it does not conform to the provisions B 
contained in Part III of the Constitution of India; that since petitioners are 
citizens of India, they have right to effectuate their wishes according to their 
discretion with freedom to choose legatee under the will for the purpose of 
bequest; that the impugned provision is violative of Article I of the Vienna 
Declaration in the World Conference on Human Rights; and that contribution C 
for religious and charitable purpose is an essential and integral part of 
Christian Religious Faith; and that the impugned provision violates Articles 
25 and 26 of the Constitution of India. 
On behalf of the respondent, it was submitted that since the Indian 
Succession Act - a pre-Constitution enactment having regard to Article D 
372 of the Constitution, continues to be in force within the territory of 
India; that the Indian Parliament is not bound by the legislative changes 
in any foreign country; that since Indian Christians form a separate class 
distinct from other communities in India, they could not be treated equally; 
and that the secular matters like succession/marriage could not be brought E 
within the guarantee enshrined under Articles 25, 26 and 27 of the 
Constitution of India. 
Allowing the Petition, the Court 
HELD: Per Khare, CJ: I.I. The history of Section 118 of the Indian F 
Succession Act can be traced to an ancient British statute known as 
Charitable Uses Act, 1735. The Act was repealed by Mortmain and 
Charitable Uses Act, 1888. The statute of Mortmain created severe 
restrictions on assurance of land for charitable purposes, it provided 
exemption in respect of assurance of land of any quantity for a public park, 
museum, universities, colleges or to any local authority. While borrowing G 
the restrictive clauses for Mort main Statute at the time of enacting Section 
118 of the Act, the Indian Legislature omitted to include the exemptions in 
favour of the various charitable uses as provided in the Mortmain and 
Charitable Uses Act. The consequence is that as per the impugned provision 
the

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