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Section 5: Power to appoint guardians

Guardians and Wards Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1890
Section 4 All 53 Sections of Guardians and Wards Act Section 6

Legal Commentary & Landmark Judgments: Section 5

Section 5 formerly regulated the power of parents to appoint testamentary guardians for European British subjects, but was formally repealed following constitutional independence.

  • Colonial Classification Omitted: Formerly dealt with testamentary appointments for European British subjects under colonial dominion.
  • Repeal by Act 3 of 1951: Formally repealed by the Part B States (Laws) Act, 1951 (Act 3 of 1951), wiping out discriminatory colonial racial categories.
  • Harmonization with Constitutional Equality: Eliminated racial distinctions to establish absolute equality before the law under Article 14 in guardianship matters.
Key Landmark Precedents:
  • Gita Hariharan v. RBI (1999) 2 SCC 228: The Supreme Court noted that the post-independence statutory evolution of guardianship laws has systematically eliminated colonial and gender discriminations.
  • State of Bombay v. F.N. Balsara (1951) SCR 682: Affirmed the constitutional necessity of repealing pre-independence racial and communal classifications.
Courtroom Practice & Strategic Litigation Guidance:

In research or litigation, note that Section 5 is repealed; all testamentary appointments of guardians are now governed uniformly by personal laws (such as Section 9 HMGA for Hindus or Indian Succession Act for Christians).

Section 4 All 53 Sections of Guardians and Wards Act Section 6