Case Note & Summary
The case involved multiple writ petitions challenging the constitutionality of Explanation-II of the proviso to Section 17(1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which restricted succession to trusteeship to male members only. The petitioners, who claimed to be founder family members, had their claims rejected based on this provision. The court noted that an identical issue had been previously adjudicated by the Telangana High Court, which upheld the constitutional validity of certain sections of the Act while striking down the discriminatory provision. The court emphasized that female members are Class-I heirs under the Hindu Succession Act, 1956, and should not be excluded from succession rights. The court agreed with the Telangana High Court's reasoning that the provision lacked a rational basis and was arbitrary, thus violating Article 14 of the Constitution. Consequently, the court allowed the writ petitions, set aside the rejection of the petitioners' claims, and directed the authorities to reconsider the matters in accordance with the law, without costs.
Headnote
A) Constitutional Law - Gender Discrimination - Unconstitutionality of Agnatic Succession - Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, Section 17(1) - The court held that the exclusion of female members from the line of succession under Explanation-II of Section 17(1) is arbitrary and discriminatory, violating Article 14 of the Constitution of India. The provision was struck down as it lacked rational basis and intelligible differentia (Paras 7-12).
Issue of Consideration
Whether Explanation-II of proviso to Section 17(1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 is unconstitutional for excluding female members from the line of succession.
Final Decision
The court allowed the writ petitions, set aside the rejection of claims based on agnatic succession, and directed authorities to reconsider the matters in accordance with law.
Law Points
- Constitutional validity
- agnatic succession
- gender discrimination
- Hindu Succession Act
- trusteeship rights
Case Details
2026 LawText (AP) (08) 13
LISA GILL, CHALLA GUNARANJAN
Mr. D. V. Sasidhar, Mr. N. Siva Reddy, Mr. A. Srinath, GP for Endowments, Mr. K. V. Akhileswara Reddy
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Nature of Litigation
Challenge to the constitutionality of a provision in the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.
Remedy Sought
Petitioners sought to be declared as founder family members eligible for trusteeship.
Filing Reason
Claims were rejected based on exclusion from agnatic line of succession.
Previous Decisions
Identical issues were previously adjudicated by the Telangana High Court.
Issues
Whether the exclusion of female members from succession rights under the Act is unconstitutional.
Whether the provision violates Article 14 of the Constitution of India.
Submissions/Arguments
Petitioners argued that the provision discriminates against women and violates their rights.
Respondents failed to justify the exclusion of female members from the line of succession.
Ratio Decidendi
The court held that the exclusion of female members from the line of succession under Explanation-II of Section 17(1) of the Act is arbitrary and discriminatory, violating Article 14 of the Constitution of India.
Judgment Excerpts
Explanation-II of proviso to Section 17(1) of the Act does not disclose any intelligible differentia so as to exclude the women members from the member of the family of the founder.
The statutory right of succession to the office of the trustee cannot be deprived to a female member of the family merely because she is a woman.
The words in Explanation II of proviso to Section 17(1) of the Act, namely 'and so in agnatic line of succession for the time being in force' which exclude the female members of the family of the founder members are separable from the valid part.
Procedural History
Multiple writ petitions were filed challenging the constitutionality of a provision in the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, with prior decisions from the Telangana High Court influencing the current proceedings.
Acts & Sections
- Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987: Section 17(1)
- Hindu Succession Act, 1956:
