Supreme Court Suggests Petitioners Seek Law Commission's Guidance

The Supreme Court advised petitioners challenging a provision of a 1882 law exempting gifts under Muslim law from registration to consult the Law Commission of India. The bench highlighted that seeking legislative amendments through the Commission is a more appropriate recourse than judicial intervention at this stage.

The Supreme Court, led by Chief Justice Surya Kant, on Thursday directed two petitioners contesting the 1882 law's provision on gift registration under Muslim law to approach the Law Commission of India. The court noted the Commission's role in recommending legislative changes is pivotal for addressing such legal concerns.

The petitioners questioned the constitutional validity of Section 129 of the Transfer of Property Act, 1882, and Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, regarding the exemption of gifts from stamp duty for Muslims. The Chief Justice suggested that if there is fiscal disparity, Parliament is the appropriate platform for amendments.

Highlighting the significance of expert bodies in legal reforms, the bench, comprising justices Joymalya Bagchi and Vipul M Pancholi, urged the petitioners to utilize the expertise of the Law Commission. It emphasized that moving to such an expert body would be a prudent step, concluding the plea with the option for petitioners to engage with the Commission.