Only Parliament Can Decide If Indian Succession Act 1925 Can Be Extended To Muslims Who Are Non-Believers: Union Tells Supreme Court

The bench of CJI DY Chandrachud ,Justices JB Pardiwala and Manoj Misra was hearing a plea by the petitioner Safiya PM who sought the inclusion of those Muslims who had renounced their faith into the Act of 1925 instead of the Muslim personal law in matters relating to succession and inheritance.

Additional Solicitor General (ASG) Aishwarya Bhatti appearing for the Union submitted that as per S. 58 of the Indian Succession Act 1925, Muslims were expressly excluded from the ambit of the legislation.

She stated, “ The petitioner, who is a Muslim, seeks to be covered under the Indian Succession Act but that is not possible in view of the clear language of the Act itself”

“Only Parliament can take a call on this” She added further.

Advocate Prashant Padmanabhan appearing for the petitioner informed the Court that a fresh application has been filed challenging the constitutional validity of S. 58 of the 1925 Act.

Taking note of the submissions, the bench directed the Union to file a counter affidavit in the present matter.

Notably, the Court had issued notice in the petition in April.

Background

The petition was filed by a Kerala-based woman named Safiya PM, who stated that she was not a believer and hence should be governed by the Indian Succession Act 1925 with respect to inheritance instead of the Muslim Personal Law. The petitioner is the General Secretary of an organization of named "Ex-Muslims of Kerala."

Notably, Section 58 is under examination in another petition filed by the Khuran Sunnath Society in which the petitioner has also intervened.

Case : Sufiya PM v Union of India W.P.(C) No. 135/2024