Court caseAIR 2003 SC 2902

Section 118 of the Indian Succession Act 1925 provided that a person having a nephew, niece or nearer relative could not bequeath property for religious or charitable uses unless the will was executed at least twelve months before death and deposited within six months of execution. The section applied to Christians alone, not to Hindus, Muslims, Parsis or others. John Vallamattom, a Christian priest from Kerala, challenged it under Article 32.

Khare CJ held that section 118 was discriminatory and arbitrary: it singled out Christians, drew no rational distinction between religious or charitable bequests and other bequests, and imposed conditions (the twelve-month rule) that served no legitimate purpose in modern times. The section was struck down as violative of Article 14. The Chief Justice added that it was a matter of regret that Article 44 had not been given effect, and that a common civil code would help the cause of national integration by removing contradictions based on ideologies.