What are Their Rights
and How to
Secure them in
the Constitution of Free India
Memorandum on the Safeguards for the
Scheduled Castes submitted to the Constituent Assembly an behalf of the All India Scheduled
Castes Federation
________________________________________________________________
Contents
Proposed Article I:
Detailed Analysis
Article I—Section I : Admission of Indian States into the Union
Article II—Section I:
Fundamental Rights of Citizens
Article II-Section II:
Remedies against Invasion of Fundamental Rights
Article II– Section III:
Provisions for the Protection of Minorities
Article II - Section IV: Safeguards for the Scheduled Castes
PART II—Special
Responsibilities
PART III—Sanction for Safeguards and Amendment of
Safeguards
PART IV— Protection of
Scheduled Castes in the Indian States
Soon after it became definite that the framing of the future Constitution of India was to be entrusted to a Constituent Assembly, the Working Committee of the All-India Scheduled Castes Federation asked me to prepare a Memorandum on the Safeguards for the Scheduled Castes for being submitted to the Constituent Assembly on behalf of the Federation. I very gladly undertook the task. The results of my labour are contained in this brochure.
The Memorandum defines Fundamental Rights;
Minority Rights and Safeguards for the Scheduled Castes. Those who hold the view that the
Scheduled Castes are not a minority might say that. in this
matter I have gone beyond prescribed bounds. The view that
the Scheduled Castes are not a minority is a new dispensation issued on behalf of the High
and Mighty Hindu Majority which the Scheduled Castes are asked to submit to. The spokesmen
of the Majority have not cared to define its scope and its meaning. Anyone
with a fresh and free mind, reading it as a general proposition, would be justified in
saying that it is capable of double interpretation. I interpret it to mean that the
Scheduled Castes are more than a minority and that any
protection given to the citizens and to the minorities will not be adequate for the
Scheduled Castes. In other words it means that their social, economic and educational
condition is so much worse than that of the citizens and other minorities that in addition
to protection they would get as citizens and as minorities the Scheduled Castes would
require special safeguards against the tyranny and discrimination of
the majority. The other interpretation. is that the
Scheduled Castes differ from
a minority and therefore they are not entitled to the protection which can be claimed by a minority. This interpretation appears to be such
unmitigated nonsense that no sane man need pay any attention to it. The Scheduled Castes must be excused if they ignore it. Those
who accept my interpretation of the view that the
Scheduled Castes are not a minority
will, I am sure, agree with
me that I am justified in demanding for the Scheduled Castes, all the benefit of the
Fundamental Rights of citizens, all the benefit of the Provisions for the
Protection of the minorities and in addition special Safeguards.
The memorandum
was intended to be submitted to the Constituent Assembly. There was no intention to
issue it to the public. But my caste Hindu friends who have had the opportunity to read the
typescript have pressed me to give it a wider circulation. Although it is meant for
members of the Constituent
Assembly, I do not see any breach of decorum in making it available to the general
public. I have therefore
agreed to fall in line with their wishes.
Instead of setting out my ideas in general terms, I have drafted the Memorandum in the form
of Articles of the Constitution. I am sure that for the sake of
giving point and precision this method will be found to be more helpful. For the benefit of the Working Committee of the Scheduled Castes Federation, I had prepared certain
explanatory notes and other statistical material.
As the notes and the statistical material are likely to be useful to the general reader, I have thought it better to print them along with
the Memorandum rather than keep
them back.
Among the many problems the Constituent Assembly has to face, there are two
which are admittedly most difficult. One is the problem of the Minorities and the other is the problem of the Indian.
States. I have been a student of the problem, of the Indian States and I hold some very definite and distinct views on the
subject. It was my hope that
the Constituent Assembly would elect me to the States Committee Evidently, it has found men of superior calibre for the work. It may also be because I am one of those who are outside
the tabernacle and therefore undesirable. I am not sorry to find myself left oat. My only regret is that I have lost an opportunity to which I
was looking forward for placing my views for the consideration of the Committee. I have therefore chosen to do the next best
thing—namely, to incorporate them in this brochure
along with the Rights of Citizens, of Minorities and of the Scheduled Castes so that a
wider public may know what they are, may value them for what they are worth and may make
such use of them as it may deem fit.
Dadar, Bombay-14
For explanation see Explanatory Notes
We the people of the territories of British India distributed into administrative units called Provinces and Centrally Administered Areas and of the territories of the Indian States with a view to form a more perfect union of these territories do-- ordain that the Provinces and the Centrally Administered Areas (to be hereafter designated as States) and the Indian States shall be joined together into a Body Politic for Legislative, Executive and Administrative purposes under the style The United States of India and that the union so formed shall be indissoluble
and that with a view :
(i) to secure the blessings both of self-government and good government throughout the united States of India to ourselves and to out posterity,
(ii) to maintain the right of every subject to life, liberty and pursuit Of happiness and to free speech and free exercise of religion,
(iii) to remove social, political and economic inequality by
providing better opportunities to the submerged classes,
(iv) to make it possible for every subject
to enjoy freedom from want and freedom from fear, and
(v) to provide against internal disorder and
external aggression, establish this Constitution for the United States of India.
DETAILED
ANALYSIS
Article I, Section I—Admission of Indian States into the Union :
Clause 1.
Qualified Indian States and their admission into the Union.
Clause 2. Relation of Qualified Indian States which have not entered the Union and of the Disqualified Indian States to the United States of India.
Clause 3. Power of the United States of India to reorganise the territory of the Disqualified Indian States into suitable Administrative Units with a view to qualify them for admission into the Union as States of the Union.
Clause 4. Formation of new States within the Union.
Article I, Section II—United States of India and New Territory :
Clause 1. Incorporation of Foreign States into
the Union.
Clause 2. Acquisition of new territory by the United States of India and its retention as unincorporated territory of the Union.
ADMISSION OF
INDIAN STATES INTO THE UNION
Clause I
For explanation see Explanatory Notes
The United States of India may, on application
and on fulfilment of the
terms prescribed by an Enabling Act of the Union Legislature laying down the form of the Constitution admit an Indian State into the Union provided the Indian State seeking admission is a Qualified State.
For the purposes of this clause a list of
Qualified Indian States shall be drawn up. A State shall not be deemed to be a Qualified
State unless it is proved that it is of a standard size prescribed by the Union
Legislature and is endowed with natural resources capable of supporting a descent standard
of living for its people and can, by reason of its revenues
and population function as an autonomous State, protect itself against external
aggression, maintain Law and Order against internal disturbance and guarantee to its
subjects minimum standards of administration and welfare which are expected from a modern State.
Clause 2
The territory of an Indian State which is a
Qualified State but which has not entered the Union and the territory of the Indian States
which are disqualified shall be treated as incorporated territories of the United States
of India and shall at all times form integral parts thereof and shall be subject to such
parts of the Constitution of the United States of India as may be prescribed by the Union
Legislature.
Clause 3
The United States of India shall have power to
reform, rearrange, redistribute and amalgamate the
territories of Disqualified Indian States into suitable Administrative Units for admission
into the Union as States of the Union.
Clause 4
After a State has been admitted into the Union
as a State no new State shall be formed or created within its jurisdiction nor any new
State shall be formed by the junction of two or more States or parts of States without the
consent of the Legislatures of the States concerned as well as of the Union Legislature.
Clause 1
For explanation see Explanator
The United States of India may admit into the
Union any territory which forms a natural part of India or which is on the border of India on terms and conditions mutually agreed
upon. Provided that the terms shall not be inconsistent
with the Constitution of the United States (For
explanation, see page 406) of India and the admission is recommended
by the Legislatures of one half of the States comprising the. United States of India in
the form of a resolution.
Clause 2
The United
States of India may acquire territory and may treat it as unincorporated territory. The provisions of the Constitution of the United States of India shall not apply to the
unincorporated territory unless a provision to the contrary
is made by the Legislature of the United States of India.
DETAILED ANALYSIS
Article II, Section I—Fundamental Rights of Citizens.
Article II, Section II—Remedies against Invasion
of Fundamental Rights:
Clause 1.
Judicial Protection.
Clause 2. Protection against Unequal Treatment.
Clause 3. Protection against Discrimination.
Clause 4. Protection against Economic
Exploitation.
Article II,
Section III—Provisions
for the Protection of Minorities:
Clause 1. Protection against Communal
Executive.
Clause 2. Protection
against Social end Official Tyranny.
Clause 3. Protection against Social Boycott.
Clause 4. Authority and obligation of the Union and State Governments
to spend money for public purposes including purposes
beneficial to Minorities.
Article II, Section IV—Safeguards for the Scheduled Castes.
Part
I—Guarantees :
Clause 1. Right
to Representation in the Legislature and in the
Local Bodies,
Clause 2. Right to Representation in the
Executive. Clause 3. Right to Representation in Services.
Part
II—Special Responsibilities:
Clause 1. For
Higher Education. Clause 2. For Separate Settlements.
Part
IIl—Sanction for Safeguards
and Amendment of Safeguards :
Clause 1. Safeguards to be embodied in the
Constitution. Clause 2. Amendment of Safeguards.
Part
IV—Protection of
Scheduled Castes in Indian States.
ARTICLE II—Section
I
FUNDAMENTAL RIGHTS OF CITIZENS
The Constitution of the United States of India
shall recognize the following as Fundamental Rights of
citizenship:
For explanation see Explanatory Notes
1. All persons
born or naturalised within its territories are citizens of the United States of India and of the State wherein they reside. Any privilege or disability arising out of rank,
birth, person, family, religion or religious usage and
custom is abolished.
2. No State shall make or enforce any law or
custom which shall abridge the privileges or immunities of citizens; nor shall any State, deprive
any person of life, liberty and property without due process of law; nor deny to any person within its jurisdiction equal protection of law.
3. All citizens are equal before the law and
possess equal civic rights. Any existing enactment, regulation, order, custom or
interpretation of law by which any penalty, disadvantage or disability is imposed upon or
any discrimination is made against any citizen shall, as from the day on which this
Constitution comes into operation, cease to have any effect.
4. Whoever denies to any person, except for
reasons by law applicable to persons of all classes and regardless of their social status,
the full enjoyment of any of the accommodations, advantages, facilities, privileges of
inns, educational institutions, roads, paths, streets,
tanks, wells and other watering places, public conveyances on land, air or water, theatres
or other places of public amusement, resort or convenience, whether they are dedicated to
or maintained or licensed for the use of the public, shall be guilty of an offence.
5. All citizens shall have equal access to all
institutions, conveniences and amenities maintained by or for the public.
6. No citizen shall be disqualified to hold any
public office or exercise any trade or calling by reason of his or her religion, caste,
creed, sex or social status.
7. (i) Every citizen has the right to reside
in any part of India. No law shall be made abridging the right of a citizen to reside
except for consideration of public order and morality.
(ii) Every
citizen has the right to settle in any part of India, subject to the production of a
certificate of citizenship from the State of his origin. The permission to settle shall
not be refused or withdrawn except on grounds specified in sub-clause (iv) of this clause.
(iii) The State in which a citizen wishes to settle may not impose any special charge upon him in respect of such settlement other than the charge imposed upon its own inhabitants. The maximum fees chargeable in respect of permits for settlement shall be determined by laws made by the Union Legislature.
(iv) The permission to settle may be refused or withdrawn by a State from persons—
(a) who have been habitual criminals;
(b) whose intention to settle is to alter the communal balance
of the
State;
(c) who cannot prove to the satisfaction of the
State in which they wish to settle that they have an assured means of subsistence and who
are likely to became or have become a permanent burden upon public charity;
(d) whose State
of origin refuses to provide adequate assistance for them when requested to do so,
(v) Permission
to settle may be made conditional upon the applicant being capable of work and not having
been a permanent charge upon public charity in the place of his origin, and able to give
security against unemployment. (vi) Every expulsion must be
confirmed by the Union Government.
(vii) Union
Legislature shall define the difference between settlement and residence and at the same
time, prescribe regulations governing the political and civil rights of persons during
their residence.
8. The Union Government shall guarantee
protection against persecution of a community as well as against internal disorder or
violence arising in any part of India.
9. Subjecting a person to forced labour or to
involuntary servitude shall be an offence.
10. The right of the people to be secure in
their persons, houses, papers and effects against unreasonable searches and seizures,
shall not be violated, and no warrants shall issue, but
upon probable cause, supported by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.
11. The right of a citizen to vote shall not be denied or abridged on any account other than immaturity, imprisonment and insanity.
12. No law shall be made abridging the freedom
of Speech, of the Press, of Association and of Assembly except for consideration of public
order and morality.
13.
No Bill of attainder or ex post facto law shall be passed.
14. The State
shall guarantee to every Indian citizen liberty of
conscience and the free exercise of his religion including the
right to profess, to preach and to convert within limits compatible with public order and
morality.
15. No person shall be compelled to become a
member of any religious association, submit to any religious instruction or perform any
act of religion. Subject to the foregoing provision,
parents and guardians shall be entitled to determine the religious education of children
up to the age of 16 years.
16. No person shall incur any penalties of any kind whatsoever by reason of his caste, creed
or religion nor shall any person be permitted to refuse to fulfil any obligation of
citizenship on the ground of caste, creed or religion.
17. The State shall not recognise any religion as State religion.
18. Persons
following a religion shall be guaranteed freedom of
association and shall have, if they so desire, the right to call upon the State to pass
legislation in terms approved by them making them into a body corporate.
19. Every religious association shall be free
to regulate and administer its affairs, within the limits
of the laws applicable to all.
20. Religious associations shall be entitled to
levy contributions on their members who are willing to pay
them if their law of incorporation permits them to do so.
No person may be compelled to pay taxes the proceeds of
which are specifically appropriated for the use of any
religious community of which he is not a member.
21. Ail offences
under this section shall be deemed to be cognizable offences. The Union Legislature shall make laws to give
effect to such provisions as
require legislation for that
purpose and to prescribe punishment for those acts which are declared
to be offences.
REMEDIES AGAINST INVASION OF FUNDAMENTAL RIGHTS
The United States of India shall provide :
Judicial Protection against Executive
tyranny
For explanation see Explanatory Notes
(1) That the Judicial Power of India shall be vested in a Supreme Court.
(2) The Supreme
Court shall have the power of superintendence over all other Courts or officers exercising
the powers of a Court, whether or not such Courts or officers are subject to its appellate
or revisional jurisdiction.
(3) The Supreme Court shall have the power on
the application of an aggrieved party to issue what are called prerogative writs such as Hebeas Corpus, Quo Warranto Prohibition, Certiorari and Mandamus, etc. For purposes of such. writs the Supreme Court shall be a Court of general jurisdiction throughout India.
(4) The right to apply for a writ shall not be abridged or suspended unless when in cases of rebellion or invasion the public safety may require it.
For explanation see Explanatory Notes
That the
Authority of the Legislature and the Executive of the Union
as well as of every State throughout India shall be subject to the following limitations:
It shall not be competent for any Legislature
or Executive in India to pass a law or issue an order, rule or regulation so as to violate
the following rights of the subjects of the State :
(1) to make and enforce contrasts, to sue, be parties, and
give evidence, to inherit, purchase, lease, sell, hold and convey real and personal
property.
(2) to be eligible for entry into the civil and
military employ and to all educational institutions except for such conditions and limitations as may be necessary to provide for the
due and adequate representation of ail classes of the subjects of the State.
(3) to be entitled to the full and equal
enjoyment of the accommodations, advantages, facilities, educational institutions,
privileges of inns, rivers, streams, wells, tanks, roads,
paths, streets, public conveyances on land, air and water, theatres and other places of
public resort or amusement except for such conditions and limitations applicable alike to
all subjects of every race, class, caste, colour or creed.
(4) to be deemed fit for and capable of sharing
without distinction the benefits of any religious or charitable trust dedicated to or
created, maintained or licensed for the general public or for persons of the same faith
and religion.
(5) to claim full and equal benefit of all laws
and proceedings for the security of persons and property as is enjoyed by other subjects
regardless of any usage or custom or usage or custom based
on religion and be subject to like punishment, pains and penalties and to none other.
Protection against Discrimination.
For explanation see Explanatory Notes
(1) Discrimination against citizens by
Government officers in Public administration or by private employers in factories and (For
explanation see page 408)
commercial concerns on the ground of race or creed or social status shall be treated as an offence. The jurisdiction to try such cases shall be vested in a tribunal to be created for the purpose.
(2) The Union Legislature shall have the right
as well as the obligation to give effect to this provision by appropriate legislation.
Protection
against Economic Exploitation.
For explanation see Explanatory Notes
The United States of India shall declare as a
part of the law of its constitution—
(1) That industries which are key industries or
which may be declared to be key industries shall be owned and run by the State ;
(2) 'That industries which are not key industries but which are basic industries shall be owned by the State and shall be run by the State or by Corporations established by the State ;
(3) That Insurance shall be a monopoly of the
State and that the State shall compel every adult citizen to take out a life insurance
policy commensurate with his wages as may be prescribed by the Legislature;
(4) That agriculture shall be State Industry;
(5) That State shall acquire the subsisting
rights in such industries, insurance and agricultural land held by private individuals,
whether us owners, tenants or mortgagees and pay them compensation in the form of
debenture equal to the value of his or her right in the land. Provided that in reckoning
the value of land, plant or security no account shall be taken of any rise therein due to
emergency, of any potential or unearned value or any value
for compulsory acquisition;
(6) The State shall determine how and when the
debenture holder shall be entitled to claim cash payment;
(7) The debenture shall be transferable and
inheritable property but neither the debenture holder nor the transferee from the original
holder nor his heir shall be entitled to claim the return
of the land or interest in any industrial concern acquired by the State or be entitled to
deal with it in any way;
(8) The debenture-holder shall be entitled to
interest on his debenture at such rate as may be defined by law, to be paid by the State
in cash or in kind as the State may deem fit;
(9) Agricultural
industry shall be organized
on the following basis:
(i) The State shall divide the land acquired into farms of standard size and let out the farms for cultivation to residents of the village as tenants (made up of group of families) to cultivate on the following conditions:
(a)The farm shall be cultivated as a collective farm ;
(b)The farm shall be cultivated in accordance with rules and
directions issued by Government;
(c) The tenants
shall share among themselves in the manner prescribed the produce of the farm left after the payment
of charges properly leviable on the farm;
(ii) The land
shall be let out to villagers without distinction of caste or creed and in such manner
that there will be no landlord, no tenant and no landless labourer
;
(iii) It shall
be the obligation of the State to finance the cultivation of the collective farms by the
supply of water, draft animals, implements, manure, seeds, etc.;
(iv) The State
shall be entitled to—
(a) to levy the following charges
on the produce of the farm: (i) a portion for land revenue; (ii) a portion to pay the debenture-holders ; and (iii) a portion to pay
for the use of capital goods supplied; and
(b) to prescribe penalties against tenants who break the
conditions of tenancy or wilfully neglect to make the best
use of the means of cultivation offered by the State or otherwise
act prejudicially to the scheme of collective farming;
(10) The scheme shall be brought into operation
as early as possible bat in no case shall the period extend beyond the tenth year from the
date of the Constitution coming into operation.
PROVISIONS FOR THE
PROTECTION OF MINORITIES
The Constitution of the United States
of India shall provide:
Protection against Communal Executive.
For explanation see Explanatory Notes
(1) That
the Executive-Union or
State—shall be non-parliamentary
in the sense that it shall
not be removable before the term of
the Legislature.
(2) Members of
the Executive if they are
not members of the Legislature shall have the right to
sit in the Legislature, speak, vote and answer questions.
(3) The Prime Minister shall be elected by the whole House by single
transferable vote.
(4) The representatives or the different minorities m the Cabinet shall be elected by members of each
minority community in the
Legislature by single transferable vote.
(5) The representatives
of the majority community in the Executive
shall be elected by the whole House by single transferable
vote.
(6) A member of
the Cabinet may resign his post on a censure motion or otherwise but shall not be liable to be removed except on impeachment by the House on the ground of corruption or
treason.
Protection against social and official tyranny.
For explanation see Explanatory Notes
(1) That there shall be appointed an Officer to be called
the Superintendent of Minority Affairs.
(2) His status shall be similar to that of the Auditor General appointed
under section 166 of the Government
of India Act of 1935 and removable m like manner sad on the like grounds as a Judge of the Supreme Court,
(3) it shall be
the duty of the Superintendent
to prepare an annual report on the treatment of minorities
by the public, as well as by the Governments, Union and State and of any transgressions of safeguards or any
miscarriage of justice due to communal bias by Governments or their Officers.
(4) The Annual Report of the Superintendent
shall be placed on the Table of the Legislatures—Union and State, and the
Governments—Union and State, shall be bound to provide time for the discussion of the
Report.
Protection
against social boycott.
For explanation see Explanatory Notes
That Social Boycott, Promoting or Instigating a Social
Boycott or Threatening a Social Boycott as defined below shall be declared to be an
offence :
(i) Boycott Defined.—A person shall be deemed to boycott another who—
(a) refuses to let or use or occupy any house or land, or to deal with, work for hire, or do business with
another person, or to render
to him or receive from him any service, or refuses to do any of the said things on the terms on which
such things should commonly be done in the ordinary course of business, or
(b) abstains
from such social, professional or business relations as he would, having regard to such existing customs
in the community which are
not inconsistent with any
fundamental right or other rights Of citizenship declared m the Constitution,
ordinarily maintain
with such
person, or
(c) in any way injuries, annoys
or interferes with such other
person in the exercise of his lawful rights.
(ii) Offence
of Boycotting—-Whoever,
in consequence of any person having done any act which he was legally entitled to do or of his having
omitted to do any act which he was legally entitled to omit
to do, or with intent to cause any
person to do any act which
he is not legally bound to do or to omit to do any act
which he is legally entitled to do, or with intent to cause
harm to such person in body, mind, reputation or property, or in his business or means of living, boycotts such
person or any person in whom such person, is interested, shall be guilty of offence of boycotting
Provided that no
offence shall be deemed to
have been committed under this Section, if the Court is satisfied that the accused person has not acted at the instigation of or in collusion with
any other person or in pursuance of any
conspiracy or of any agreement or combination to boycott.
(iii) Offence of Instigating or Promoting a Boycott—
(a) publicly makes or publishes or circulates a proposal for. or
(b) makes,
publishes or circulates any statement,
rumour or report with intent to, or which he has reason to believe to be likely to cause, or
(c) in any other way instigates or promotes the boycotting of
any person or class of persons, shall be guilty of the offence of instigating or promoting a boycott.
Explanation—
An offence under this clause shall be deemed to have been
committed although the
person affected or likely to be affected by any action of the nature referred to herein is
not designated by name or class but only by his acting or
abstaining from acting in
some specified manner.
(iv) Offence of Threatening a Boycott—Whoever, in consequence of any person having done any act which he was legally entitled to do or of his having omitted to do any
act. which he was legally entitled
to omit to do. or with intent to cause any person to do any
act which he is not legally bound to do, or to omit to do any act which he is legally entitled to do threatens to cause such person or any person in
whom such person is interested, to be boycotted shall be
guilty of the offence threatening a boycott.
Exception.—It is not boycott—
(i)
to do any act in
furtherance of a bona fide
labour dispute ;
(ii)
to do any act in the
ordinary course of business competition.
(2) All these offences shall be deemed to be
cognizable offences. The Union Legislature shall make laws prescribing punishment for
these offences.
Power of
Governments to spend money for any purposes connected with
Government of India including purposes beneficial to the Minorities
For explanation see Explanatory Notes
That the Power of the Central and Provincial
Governments to make grants for any purpose, notwithstanding that the purpose is not one
for which the Union or State Legislature as the case may be
make laws, shall not be abridged taken away.
SAFEGUARDS FOR
THE SCHEDULED CASTES
PART I—Guarantees
Right to Representation in the Legislature.
For explanation see Explanatory Notes
The Constitution of the United States of India shall guarantee to the Scheduled Castes the following Rights :
Right to Representation
in the Legislature
(1) Quantum of Representation.—
(a) (i) The
Scheduled Castes shall have minimum representation in the Legislature—Union and
State—and if there be a group Constitution then in the group Legislature equal to the
ratio of their population to the total population. Provided that no other minority is
allowed to claim more representation than what is due to it on the basis of its
population.
(ii) The
Scheduled Castes of Sind and
N.W.F. Provinces shall be given their due share of
representation.
(iii) Weightage where it becomes necessary to reduce a huge communal
majority to reasonable dimensions shall come out of the share of the majority. In no case
shall it be at the cost of another minority community.
(iv) Weightage
carved out from the share of majority shall not be assigned to one community only. But the
same shall be divided among all minority communities equally or in inverse proportion to
their—
(1) economic position,
(2) social status, and
(3) educational advance.
(b) There should
be no representation to special interests. But if the same is
allowed it must be taken out of the share of representation given to that community to
which the special interest belongs.
(2) Method of Election—
(A) For Legislative Bodies
(a) The system of election introduced by the Poona Pact shall be abolished.
(b) In its place, the system of Separate Electorates shall be
substituted.
(c) Franchise shall be adult franchise.
(d) The system of voting shall be cumulative.
(B) For Local Bodies
The principles for determining the quantum of representation and the Method of election for Municipalities
and Local Boards shall be the same as that adopted for the Union and State Legislatures.
Right to Representation in the Executive.
For explanation see Explanatory Notes
(1) The Scheduled Castes shall have minimum
representation in the Executive—Union and State—and if there, be a group Constitution then in the group Executive equal to the ratio of
their population that no minority community is allowed to claim more than its population
ratio.
(2) Weightage
where it becomes necessary to reduce a huge majority to
reasonable dimensions shall come out of the share of the
majority community. In no case shall it be at the cost of
another minority community.
(3) Weightage
carved out from the share of the majority shall not be
assigned to one community only. But the same shall be
divided among all minorities
equally or in inverse proportion to:
(iii)
educational advance.
Clause 3
Right to Representation in the Services
For explanation see Explanatory Notes
(a) The quantum
of representation of the Scheduled Castes in the Services
shall be as follows
:
(i) In the Union Services.—In proportion
to the ratio of their population to the total population in
India or British India as the case may be.
(ii) In the State
and Group Services.—in proportion to their population
in the State or
Union.
(iii.) In the Municipal and Local Board Services.—In proportion to their population in the Municipal and Local Boards areas :
Provided that no
minority community is allowed to claim more than its population ratio of representation, in the Services.
(b) Their right to representation
in the Services shall not be curtailed except by conditions relating to minimum qualifications, education,
age, etc.
(c) The
conditions prescribed for entry in Services shall not
abrogate any of the
concessions given to the Scheduled Castes by the Government
of India in their Resolutions of 1942 and 1945.
(d) The method of filling up the vacancies shall conform to the rules
prescribed in the Government of India Resolutions of 1942
and 1946.
(e) On every
Public Services Commission or a. Committee constituted for filling vacancies, the Scheduled Castes shall have at least one
representative.
PART II—SPECIAL RESPONSIBILITIES
Provisions for Higher Education
For explanation see Explanatory Notes
That the United States of India shall undertake
the following special responsibilities for the betterment
of the Scheduled Castes:
(1) Governments—Union and
State—shall be required
to assume financial responsibility for the of the Scheduled
Castes and shall be required to make adequate provisions in their budgets. Such Provisions shall form the
first charge on the
Education Budget of the Union and State; Government.
(2) The responsibility for finding
money for secondary and college education of the Scheduled Castes in India shall be
upon the State Governments and the different States shall make a provision in their annual budgets for the said purpose in proportion to the
population of the Scheduled Castes to the total budget of
the States.
(3) The responsibility for finding money for
foreign education of the Scheduled
Castes shall be the responsibility
of the Union Government and the Union Government shall make a provision
of rupees 10 lakhs per year in
its annual budget in that behalf.
(4) These special
grants shall be without
prejudice to the right of the Scheduled Castes to share in the expenditure
incurred by the State
Government for the advancement of primary education for the
people of the State,
Clause 2
provision for New Settlements.
For explanation see Explanatory Notes
1 The following provision shall be made in the Constitution of the Union
Government :
(i) There shall
be a Settlement Commission under the new Constitution to
hold uncultivated lands belonging to the State in trust for Settlement of the Scheduled Castes in separate villages.
(ii) The Union
Government shall set apart annually a fund of Rs. 5 crores for the purpose of
promoting the scheme of settlement.
(iii) That the. Commission
shall have the power to
purchase any land offered for sale and use it for the said purpose.
2. The Union Government
shall from time to time pass such legislation as may be
necessary for the Commission to carry out its functions.
PART III—Sanction for Safeguards and Amendment of Safeguards
Clause 1
Sanction for Safeguards
For explanation see Explanatory Notes
The Constitution of the United States shall
provide that—
The United States of India undertakes to give
the safeguards contained in Article II Section IV a place
in the Constitution and make them a part of the Constitutional
Law of India.
Clause 2
Mode of Amendment of safeguards
For explanation see Explanatory Notes
The provisions for the
Scheduled Castes shall not be altered, amended or abrogated except in the following manner
:
Any amendment or abrogation of Section IV of
Article II or any part thereof relating to the Scheduled
Castes shall only be made by a Resolution passed in the manner prescribed below by the
more Popular Chamber of the Union Legislature :
(i) Any proposal for
amendment or abrogation shall be initiated in the form of a
Resolution in the more Popular Chamber of the Union Legislature.
(ii) No such Resolution shall be moved—
(a) unless 25 years have elapsed after the
Constitution has come into
operation and has been worked; and
(b)
unless six months' notice has been given to the House by the mover
of his intention to move such a Resolution.
(iii) On the passing of such a Resolution, the
Legislature shall be dissolved and a new election held.
(iv) The original Resolution in the form in which it
was passed by the previous Legislature shall be moved
afresh in the same House of the newly elected Union Legislature,
(v) The
Resolution shall not be deemed to have been carried unless it is passed by a majority of
two-thirds of the members of the House and also two-thirds of members of the Scheduled
Castes who have been returned through separate electorates.
PART IV— protection of scheduled castes in the Indian
states
Safeguards
for in Indian States.
For explanation see Explanatory Notes
The Constitution of the United States shall
provide that the admission of the Indian States into the Union shall be subject to the
Scheduled Castes
following condition :
" All provisions relating to the Scheduled Castes contained in Section IV of Article II of the Constitution of the United States of India shall be extended to the Scheduled Castes in the Indian Slates. Such a provision in the Constitution of an Indian States shall be a condition precedent for its admission into the Union."
For explanation see Explanatory Notes
I. For the purposes of Article II the Scheduled Castes, as defined in the Government of India
Scheduled Caste Order, 1936, issued under the Government of India Act, 1935, shall be
deemed to be a minority.
Scheduled Castes and change of
Domicile.
For explanation see Explanatory Notes
II. For the purposes of Article II a Caste which is a Scheduled Caste in one State shall be treated as Scheduled Caste in all States of the Union.