SUFIYA PM V. UNION OF INDIA W.P.(C) NO. 135/2024
Facts: The Union Government informed the Supreme Court that it is within the exclusive domain of Parliament to decide whether the Indian Succession Act, 1925, would extend to Muslims who are non-believers. The petition was filed by Safiya PM, a Kerala-based woman who claimed that she was not a believer and therefore should be governed by the Indian Succession Act, 1925, in matters of inheritance, rather than Muslim Personal Law. The petitioner, who is the General Secretary of the organization "Ex-Muslims of Kerala," challenged the applicability of Muslim Personal Law to non-believing Muslims. Additional Solicitor General (ASG) Aishwarya Bhatti, appearing for the Union, argued that under Section 58 of the Indian Succession Act, Muslims were explicitly excluded from its provisions. Advocate Prashant Padmanabhan, representing the petitioner, informed the Court that a fresh application had been filed challenging the constitutional validity of Section 58 of the 1925 Act.
Issue:Who has the authority to decide whether the Indian Succession Act, 1925, can be extended to Muslims who are non-believers?
Observation: A bench comprising Chief Justice DY Chandrachud, Justices JB Pardiwala, and Manoj Misra was hearing the plea filed by Safiya PM, who sought the inclusion of Muslims who had renounced their faith under the Indian Succession Act, 1925, for matters relating to succession and inheritance, instead of being governed by Muslim Personal Law. The Court noted the submissions and directed the Union to file a counter-affidavit in the matter. It is noteworthy that the Court had issued notice in the petition in April.
