Vol. 1 · pages 411–415

396 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (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 (1) Discrimination against citizens by Government officers in Public administration or by private employers in factories and 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 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 as 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; Protection against Discrimination. (For explanation, see page 408) Protection against Economic Exploitation. (For explanation, see pages 408-12)

STATES AND MINORITIES 397 (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 but in no case shall the period extend beyond the tenth year from the date of the Constitution coming into operation.

398 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES ARTICLE II—Section III PROVISIONS FOR THE PROTECTION OF MINORITIES The Constitution of the United States of India shall provide : Clause 1 (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 of the different minorities in 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 (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 in like manner and 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 That Social Boycott, Promoting or Instigating a Social Boycott or Threatening a Social Boycott as defined below shall be declared to be an offence : Protection against Communal Executive. (For explanation, see pages 412-15) Protection against social and official tyranny. (For explanation, see page 416) Protection against social boycott. (For explanation, see pages 416-18)

STATES AND MINORITIES 399 (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 in the Constitution, ordinarily maintain with such person, or ( c) in any way injures, 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 be 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 — Whoever— ( 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,

400 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 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 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 may make laws, shall not be abridged or taken away. Power of Governments to spend money for any purposes connected with the Government of India including purposes beneficial to the Minorities. (For explanation, see page 418)