Dr.B. R. Ambedkar’s vision for India’s Constitution
CONSTITUTION OF THE UNITED STATES
OF INDIA
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.
ARTICLE I—Section
I
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.
ARTICLE II-Section II
REMEDIES
AGAINST INVASION OF FUNDAMENTAL RIGHTS
The United
States of India shall provide :
Clause I
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.
Clause 2
Protection
against Unequal Treatment
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.
Clause 3
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.
Clause 4
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.
Clause 2
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.
Clause 3
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.
Clause 4
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.
ARTICLE II - Section IV
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 :
Clause I
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.
Clause 2
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:
Clause I
(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.
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