Case Law Details
Hari Shankar Jain & Anr. Vs Union of India (Supreme Court of India)
The petitioners filed a writ petition before the Supreme Court of India under Article 32 of the Constitution seeking to strike down the words “or shall be deemed to affect any rule of Muhammadan law” appearing in Section 129 of the Transfer of Property Act, 1882. They argued that the exemption granted to gifts defined under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 from the requirement of compulsory registration and payment of stamp duty causes loss to the public exchequer and violates Article 14 of the Constitution.
The Court held that the appropriate course for the petitioners was to approach an expert body such as the Law Commission of India, which is entrusted with recommending amendments or changes to existing laws and proposing new legislation when necessary. Considering that such an expert body is currently functional, the Court found no reason to entertain the writ petition at this stage.
Accordingly, the Supreme Court disposed of the petition and granted liberty to the petitioners to approach the Law Commission of India for appropriate consideration. Any pending applications connected with the matter were also closed.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
1. The petitioners have approached this Court invoking jurisdiction under Article 32 of the Constitution with a prayer to strike down the words “or shall be deemed to affect any rule of Muhammadan law” occurring in Section 129 of the Transfer of Property Act, 1882. The plea taken is that the exemption of a gift as defined in Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, from the requirement of compulsory registration and consequential non-payment of stamp duty charges is not only a loss to the public exchequer, but such a provision is also ultra vires the Article 14 of the Constitution.
2. In our considered opinion, the appropriate recourse for the petitioners would be to approach the expert body like the Law Commission of India, which had been entrusted with the responsibility of recommending suitable amendments/changes in the existing laws and/or for the enactment of new laws, as may be required from time to time. Such an expert body being functional as of now, we see no reason to entertain this Writ Petition at this stage. The same is, accordingly, disposed of with liberty to the petitioners to approach the learned Law Commission of India.
3. Pending application(s), if any, shall stand closed.
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