A law that prohibits discrimination on the basis of caste or class is not ultra vires the Constitution of India and does not contravene Article 14 of the Constitution.

( 1 ) THIS matter has been referred to this Court by the learned Ses. J. of Birbhum under the provisions of a circular letter addressed to all Courts by this Court calling their attentions to the provisions of Article 228 of the Constitution of India. This Court being satisfied that the case transferred involved a constitutional point, notice was given to the parties and the constitutional point involved has been the subject-matter of argument before us.

( 2 ) THE constitutional point involved in this case is whether or not the West Bengal Hindu Social Disabilities Removal Act of 1949 is ultra vires the Constitution of India.

( 3 ) ON 3-1-1951, one Banamali Das lodged a, complaint before the Sub-Divisional Officer of Suri against the accused and others alleging that the accused had refused to cut the complainant's hair and also to render services to other persons who belong to the same caste as the complainant, his caste being that of a cobbler or leather worker. After recording the evidence of the complainant the Sub-Divisional Officer issued process against the accused under Section 8 read with Section 3 (c), West Bengal Hindu Social Disabilities Removal Act, 1948. The case was eventually transferred to a Magistrate for disposal and a date was fixed for taking evidence in the case. An application was made to the learned Ses. J. to refer, the case to the High Court as required by the Circular Letter as the case involved a substantial question of constitutional importance and should be decided by the High Court as required by Article 228 of the Constitution of India.

( 4 ) BEFORE the Ses. J. it was contended that the Act was ultra vires in that it unreasonably restricted the petitioner in the exercise of his profession or calling of a barber. Further it was said that the Act contravened Article 14 of the Constitution as it was discriminatory in its tendency.

( 5 ) MR. Ajit Kumar Dutta who has appeared on behalf of the petitioner, the accused-barber, has challenged the Act in question on both these grounds and in order be appreciate the argument it will be necessary shortly to consider the provisions of the impugned Act. The Act is entitled: "an Act to provide for the removal of certain social disabilities suffered by some sections of Hindus". Then follows the preamble which is in these terms:"whereas it is expedient to foster a spirit of unity and harmony amongst all classes of people and, to that end, to provide for the removal of certain social disabilities suffered by some sections of Hindus. "it is quite clear from the title of the Act and the preamble that the object of the legislation was to remove certain social disabilities suffered by some sections of Hindus and thereby foster a spirit of unity and harmony amongst all classes of people residing within the confines of this State. Section 2 (a) of the Act defines "hindu" as including a Buddhist, Sikh, Jain, Santal, Adibasi, a follower of Arya or Brahma Samaj or a convert to Hinduism or any other person habitually professing himself to be a Hindu, The other definitions are not very material in this case Section 3 provides:"notwithstanding anything contained in any instrument or any law, custom or usage to the contrary, no Hindu shall merely on the ground that he belongs to a particular caste or class (a) be ineligible for office under any authority constituted under any law, or (b) be prevented from having access to" various places and enjoying certain benefits. He cannot, for example, be prevented from having access to or offering worship at a temple, having access to a river, tank, water-tap or other watering places, or having access to or using any public conveyance, or using any building used for charitable or public purposes, or having access to a place of public amusement, or a shop, or any place set apart or maintained for the use of Hindus generally or be prevented from enjoying any benefit under a charitable trust created for the benefit of H