Section 3: Power of State Government to exempt any race, sect or tribe in the State from operation of Act

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 3

Section 3 empowers the State Government to exempt any race, sect, or indigenous tribe from the operation of the Act or specific parts thereof by notification in the Official Gazette.

  • State Exemption Power: The State Government may by notification exempt any race, sect, or tribe from the operation of the whole or any specified part of the Act.
  • Protection of Customary Practices: Enacted to protect indigenous tribal customs, matrilineal systems, and customary tribal succession rules from statutory disruption.
  • Prospective and Retrospective Effect: Exemption orders may have retrospective effect from the date of the Act or operate prospectively as specified in the gazette notification.
Key Landmark Precedents:
  • Madhu Kishwar v. State of Bihar (1996) 5 SCC 125: The Supreme Court recognized that statutory exemptions and tribal customs governing land succession must be interpreted to prevent destitution of tribal women while respecting tribal identity.
  • State of Punjab v. Balwant Singh (1992) Supp (3) SCC 108: Affirmed that notification-based statutory exemptions under succession laws preserve customary personal laws of notified indigenous communities.
Courtroom Practice & Strategic Litigation Guidance:

When litigating succession rights involving tribal or notified indigenous families in northeastern states, Jharkhand, or Odisha, counsel must verify whether a Section 3 exemption notification covers the tribe, which displaces the Act in favor of uncodified customary law.