Vol. 1 · pages 406–410

STATES AND MINORITIES 391 PROPOSED ARTICLE II 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 and 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 III —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. Part V—Interpretation.

392 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 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 : 1. All persons born or naturalized 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. Fundamental Rights. (For explanation, see page 406)

STATES AND MINORITIES 393 (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 become 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.

394 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 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. All 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.

STATES AND MINORITIES 395 ARTICLE II—Section II REMEDIES AGAINST INVASION OF FUNDAMENTAL RIGHTS The United States of India shall provide : Clause 1 (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 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 contracts, 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 all 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. Judicial Protection against Executive Tyranny. (For explanation, see page 406) Protection against Unequal Treatment. (For explanation, see pages 406-8)