Petition Against Section 129 of the Transfer of Property Act Directed to Law Commission for Review
In a significant ruling, the Supreme Court of India has dismissed a writ petition challenging certain provisions of the Transfer of Property Act, 1882. The petition, filed under Article 32 of the Indian Constitution by Hari Shankar Jain and another petitioner, sought to strike down the words "or shall be deemed to affect any rule of Muhammadan law" in Section 129 of the Act. The petitioners contended that the exemption of gifts under Muhammadan law from the requirements of compulsory registration and stamp duty led to a considerable loss for the public exchequer and violated Article 14 of the Constitution, which ensures the right to equality.
The bench, comprising Chief Justice Suriya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi, heard the arguments presented by advocates Mr. Parth Yadav, Ms. Mani Munjal, and Ms. Nikita Sukheja on behalf of the petitioners. The petitioners argued that the current provision in the Transfer of Property Act unfairly exempts gifts under Muslim law from the same legal requirements that apply to other communities, leading to an unequal treatment that contravenes the constitutional guarantee of equality before the law.
However, the Supreme Court declined to entertain the petition, stating that the Law Commission of India is the appropriate body to address such concerns. The Court emphasized that the Law Commission is equipped to recommend suitable amendments or enact new laws as necessary. The bench concluded that addressing these legal disparities requires an expert body to deliberate and suggest changes, thus disposing of the petition with the liberty for the petitioners to approach the Law Commission for further action.
The decision underscores the judiciary's stance on directing legislative concerns to expert bodies rather than adjudicating on matters that require comprehensive legislative review and amendment. The ruling marks a significant step in maintaining the separation of powers and ensuring that legislative reforms are pursued through the appropriate channels.
Statutory provision(s): Article 32 of the Constitution of India, Section 129 of the Transfer of Property Act, 1882, Article 14 of the Constitution of India.
Hari Shankar Jain v. Union of India, (SC) : Law Finder Doc id # 2865318
