Vol. 13 · pages 1081–1085

1048 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES “That with reference to amendment No. 147 of List IV (Eighth Week), for subclause (w) of clause (1) of article 303, the following sub-clause be substituted : — ‘(w) ‘Scheduled Castes’ means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 300A of this Constitution to be Scheduled Castes for the purposes of this Constitution.’ ” The only change is, the word ‘specified’ has been changed to ‘deemed’, Sir, I move : “That with reference to amendment No. 148 of list IV (Eighth Week), for subclause (x) of clause (1) of article 303, the following sub-clause be substituted : — ‘(x) ‘ Scheduled tribes’ means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 300B of this Constitution to be scheduled tribes for the purposes of this Constitution;” I am incorporating the other amendment which has also been tabled. Shall we take up, the two other articles also at the same time ? Mr. President : Yes. NEW ARTICLE 300A AND 300B The Honourable Dr. B. R. Ambedkar : Sir, I move : “That after article 300, the following articles be inserted : — 300A. (1) The President may, after consultation with the Governor or Ruler of a State, by public notification specify the castes, races or tribes or parts of or groups within castes, races or tribes, which shall for purposes of this Constitution be deemed to be Scheduled Castes in relation to that State. (2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued by the President under clause (1) of this article any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. 300B. (1) The President may after consultation with the Governor or Ruler of a State, by public notification specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for purposes of this Constitution be deemed to be scheduled tribes in relation to that State. (2) Parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued by the President under clause (1) of this article any Tribe or Tribal community or part of or group within any Tribe or Tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.” The object of these two articles, as I stated, was to eliminate the neccessity of burdening the Constitution with long lists of Scheduled Castes and Scheduled Tribes. It is now proposed that Scheduled Castes. Scheduled Tribes.

1049DRAFT CONSTITUTION the President, in consultation with the Governor or Ruler of a State should have the power to issue a general notification in the Gazette specifying all the Castes and Tribes or groups thereof deemed to be Scheduled Castes and Scheduled Tribes for the purposes of the privileges which have been defined for them in the Constitution. The only limitation that has been imposed is this : that once a notification has been issued by the President, which, undoubtedly, he will be issuing in consultation with and on the advice of the Government of each State, thereafter, if any elimination was to be made from the List so notified or any addition was to be made, that must be made by Parliament and not by the President. The object is to eliminate any kind of political factors having a play in the matter of the disturbance in the Schedule so published by the President. ***** *Mr. President : Does anyone else wish to speak ? Do you wish to say anything Dr. Ambedkar ? The Honourable Dr. B. R. Ambedkar : I do not accept the amendment of Pandit Thakur Das Bhargava. Mr. President : Then I put the amendments [Both the above amendments of Dr. Ambedkar were adopted. Following amendment of Pandit Bhargava was negatived.] ***** “That in amendment No. 201 of list V (Eighth Week), in clause (2) of the proposed new article 300A, the following be added at the end : — ‘for a period of ten years from the commencement of this Constitution.’ ” ***** †Mr. President : Then I put Mr. Krishnamachari’s amendment which has really been accepted by Dr. Ambedkar—218A. The question is : “That in amendment No. 201 of List V (Eighth Week), in the proposed new article 300B— (a) in clause (1), for the word ‘communities’ in the two places where it occurs, the words ‘tribal communities’ be substituted; (b) in clause (2) for the word ‘community’, in the two places where it occurs, the words ‘tribal community’ be substituted.” (The amendment was adopted.) *CAD, Vol. IX, 17th September 1949, p. 1639. †Ibid., p. 1640.

1050 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. President : Then I put article 300B as proposed by Dr. Ambedkar. (Article 300B was adopted and added to the Constitution) EIGHTH SCHEDULE *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That the Eighth Schedule be deleted.” Mr. President : There are certain amendments to the Eighth Schedule. They would not arise now. The Honourable Dr. B. R. Ambedkar : No. Sir, they would not arise. (Schedule Eight was deleted from the Constitution). ARTICLE 303 —(contd.) ***** †The Honourable Dr. B. R. Ambedkar : Sir, I move : “That in clause (2) of article 303, the following words be added at the end : — ‘as it applies for the interpretation of an Act of the Legislature of the Dominion of India.’ ” The reference is to the General Clauses Act. Shri Jaspat Roy Kapoor : I wonder whether there is any real necessity for making this. Even if it is, I do not know how far it would be correct if you have it like this “as it applies for the interpretation of an Act of the Legislature of the Dominion of India”. Because, hereafter when the Constitution has come into force, there shall be no law which has been made by ‘the Legislature of the Dominion of India’. The Dominion of India will cease then and all the Acts in force within the Dominion of India will automatically become Acts of the Union. The Honourable Dr. B. R. Ambedkar : The point is this that the General Clauses Act applies to Acts, Regulations and Ordinances. It is therefore necessary to say to which class of these laws this will apply. That is the reason why this amendment is proposed. ***** Shri Jaspat Roy Kapoor : What I mean to submit is that after the Constitution comes into force there shall be no law in existence which could be said to be a law of the ‘ Dominion of India’. So I think our purpose would be fully served if we say “ as it applies for the interpretation of any existing Act.” *CAD, Vol. IX, 17th September 1949, p. 1640. †Ibid., p. 1641.

1051DRAFT CONSTITUTION The Honourable Dr. B. R. Ambedkar : I am afraid you have not examined the General Clauses Act. Shri Jaspat Roy Kapoor : It is no use introducing some provision without carefully scrutinising it. The Honourable Dr. B. R. Ambedkar : It had better be left to the draftsmen as to what is necessary and what is not. Shri Jaspat Roy Kapoor : I agree that any necessary corrections should be left to the Drafting Committee. But there is no harm in submitting a mistake if it is a mistake. The Honourable Dr. B. R. Ambedkar : I refuse to accept, it is a mistake. Shri Jaspat Roy Kapoor : I know it is not easy to convince you. ***** *The Honourable Dr. B. R. Ambedkar : Sir, I have said what I had to say and after having seen the General Clauses Act right here, I am quite convinced that the amendment I have moved is a very necessary amendment. Mr. President : The question is : “That in clause (2) of article 303, the following words be added at the end :— ‘as it applies for the interpretation of an Act of the Legislature of the Dominion of India.’ “ (The amendment was adopted) Mr. President : Then clause (3). There is amendment No. 156. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That in clause (3) of article 303— (i) after the word and figure ‘ Part I’ the words and Figures ‘ or Part III’ be inserted. (ii) for the words ‘as the case may be, to an Ordinance made by a Governor’ the words ‘to an Ordinance made by a Governor or Ruler, as the case may be’ be substituted.” It is purely consequential. The amendment was adopted. [Article 303, as amended, was added to the Constitution.] ***** ARTICLE 304 †The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for article 304, the following be substituted :— *CAD, Vol. IX, 17th September 1949, pp. 1641-1642. †Ibid., p. 1643.

1052 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES ‘304. An amendment of the Constitution may be initiated by the introduction of a Bill for the purpose in either House of Parliament and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President for his assent and upon such assent being given to the Bill the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in— (a) any of the Lists in the Seventh Schedule, or (b) the representation of States in Parliament, or (c) Chapter IV of Part V, Chapter VII of Part VI, and article 213A of this Constitution, the amendment shall also require to be ratified by the Legislatures of not less than one half of the States for the time being specified in Parts I and III of the First Schedule.’ ” I will move my other amendment also, No. 207. I move: “That in amendment No. 118 of List III (English Week), for the proviso to the proposed article 304 the following proviso be substituted :— ‘Provided that if such amendment seeks to make any change in— (a) article 43, article 44, article 60, article 142 or article 213A of this Constitution, or (b) Chapter IV of Part V, Chapter VII of Part VI, or Chapter I of Part IX of this Constitution, or (c) any of the Lists in the Seventh Schedule, or (d) the representation of States in Parliament, or (e) the provisions of this article, the amendment shall also require to be ratified by the Legislatures of not less than one half of the States for the time being specified in Parts I and III of the First Schedule by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.’ ” Sir, I do not wish to say anything at this stage because I anticipate that there would be considerable debate on this article and I propose to reserve my remarks towards the end so that I may be in a position to explain the points that might be raised against this amendment. Mr. Naziruddin Ahmad : It is far better to give the arguments in advance to avoid any unnecessary debate. The Honourable Dr. B. R. Ambedkar: If my friend will guarantee to me that he will not take time, I will do it, but I know my friend will have his cake and eat it too. Mr. Naziruddin Ahmad : Sir, Dr. Ambedkar will give no argument at the beginning, saying that he will await arguments and speak in reply. But in the end on hearing arguments, he will merely say “I oppose the amendments and reject the arguments”! Procedure for amendment of the Constitution.