JUDGMENT

Agrawal, C.J. - This Full Bench has been 3 constituted to decide whether the Scheduled - Castes and Scheduled Tribes (Prevention' of Atrocities) Act, 1989 (No. 33 of 1989) (hereinafter to be referred to as 'the Act') is ultra vires the Constitution of India.

2. For dealing with the arguments raised before us, it will be useful to refer the legislative history as well as the various sections of the Act.

3. Before the present Act was passed, the Parliament had passed an Act known as 'The Protection of Civil Rights Act, 1955 to prescribe punishment for the (preaching and practice of "Untouchability") for the enforcement of any dis ability arising therefrom and for matters connected therewith.

4. The statement of Objects and Reasons appended to the Bill of the aforesaid Act was that the Bill before the Act was passed had been prepared in pursuance of Article 17 of the Constitution, by which untouchability was abolished and its practice in any form was forbidden.

5. The Hindus who form the majority in our country, are divided into four Varnas - namely, Brahmins, Kshatriyas, Vaishyas and lastly Shudras.

6. The untouchability is a product of the Hindu Caste System. In Hadibandhu