JUDGMENT

V.N. Khare, CJI.-In this petition under Article 32 of the Constitution of India we are concerned with the constitutionality of the provisions of Section 118 of the Indian Succession Act, 1925 (hereinafter referred to as the Act ).

2. Petitioner No. 1 is an Indian citizen and is a Christian Priest belonging to the religious denomination of Roman Catholics. The second petitioner is also a member of the Christian community. The petitioners are aggrieved by the discriminatory treatment meted out to the members of the Christian community under the Act by which they were practically prevented from bequeathing property for religious and charitable purposes and that has led them to file this writ petition.

3. The history of Section 118 of the Act can be traced to an ancient British statute of 1735 known as Charitable Uses Act, 1735 [hereinafter referred to as "1735 Act"]. 1735 Act provided that gift by Will after 24th June, 1736 of land for charitable purposes were void as a general rule, 1735 Act was repealed by Mortmain and Charitable Uses Act, 1888. Part I of Mortmain and Charitable Uses Act, 1888 prohibited assurance of land to charitable corporations by providing that land s