G. KRISHNAMURTHY Vs. THE UNION AND ORS.

JUDGEMENT

(1.) The petitioner in person, a practitioner of law in this Court, has filed this pro bono publico seeking to declare the Hindu Succession (Amendment) Act, 2005 ( 39 of 2005) as ultra vires the Constitution of India.

(2.) On 20th day of December, 2004, the Hindu Succession Amendment Bill 2004 has been introduced, inter alia, seeking to amend the erstwhile Section 6 and to omit Sections 23 and 24 of the Hindu Succession Act, 1956. Ultimately, the Amendment Act, 2005 was passed as the Act 39 of 2005 on 09.09.2005. This Act was introduced pursuant to the recommendation made by the Law Commission to alleviate the gender bias caused by the then existing Act. The following is the statement of object and reasons for amending the "Principal Act".

(3.) By the Amendment Act, not only Section 6 was amended apart from omission of Sections 23 and 24, but consequent thereon, an insertion was made by way of Amendment to Schedule in Clause-I.