JAI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This Full Bench has been 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 disability arising therefrom and for matters connected therewith.