Major Development

In a major development, the Supreme Court on Wednesday regretted the non-implementation of a Uniform Civil Code while hearing a petition pertaining to the Indian Succession Act.Delivering its verdict, a three-judge bench regretted that Article 44 of the Constitution had not been given effect to even after over 50 years of independence.[Article 44, under the Directive Principles of State Policy, says - The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.]The bench, comprising Chief Justice V N Khare, Justice S B Sinha and Justice Dr A R Lakshmanan, was hearing a petition challenging section 118 of the Indian Succession Act, 1925, which prevents Christians from bequeathing property for religious and charitable purposes.The petition was moved by John Vallamattom, a Christian priest, and one other person in 1997."Section 118 of the Act imposes a restriction only on Indian Christians. The said restriction is not applicable to citizens of other religions, including Parsis," the petitioner said.He also pointed out that if anyone wanted to donate property for religious and charitable purposes, the person's 'will' would have to be on record at least 12 months prior to his/her death.Else, the 'will' was considered invalid."We find that section 118 of the Act being unreasonable is arbitrary and discriminatory and, therefore, violative of Article 14 of the Constitution," Justice Khare said.[Article 14: Equality before law - The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.]"We would like to state that Article 44 provides that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India," Justice Khare said."It is a matter of regret that Article 44 of the Constitution has not been given effect to. Parliament is still to step in and frame a common civil code in the country. A common civil code will...