Vol. 17, Part I · pages 116–120

91ROLE OF ......................... INDIAN DEMOCRACY “136. The influence of these classes with the official world can hardly be exaggerated. It is extreme with natives and great even with Europeans. Every office, from the highest to the lowest, is stocked with their representatives, and there is no proposal affecting their interests but they can bring a score of influence to bear upon it in its course from inception to execution.” There can be no doubt that in view of these circumstances the uplift of the Depressed Classes will remain a pious hope unless the task is placed in the forefront of all governmental activities and unless equalization of opportunities is realized in practice by a definite policy and determined effort on the part of Government. To secure this end the proposal of the Depressed Classes is that the Constitutional Law should impose upon the Government of India a statutory obligation to maintain at all times a department to deal with their problems by the addition of a section in the Government of India Act to the following effect: — “1. Simultaneously with the introduction of this Constitution and as part thereof there shall be created in the Government of India a Department to be in charge of a Minister for the purpose of watching the interests of the Depressed Classes and promoting their welfare. “2. The Minister shall hold office so long as he retains the confidence of the Central Legislature. “3. It shall be the duty of the Minister in the exercise of any powers and duties conferred upon him or transferred to him by law, to take all such steps as may be desirable to secure the preparation, effective carrying out and co-ordination of measures preventative of acts of social injustice, tyranny or oppression against the Depressed Classes and conducive to their welfare throughout India. “4. It shall be lawful for the Governor-General — (a) to transfer to the Minister all or any powers or duties in respect of the welfare of the Depressed Classes arising from any enactment relating to education, sanitation, etc. (b) to appoint Depressed Classes welfare bureaus in each province to work under the authority of and in cooperation with the Minister.

92 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Condition No. VIII DEPRESSED CLASSES AND THE CABINET Just as it is necessary that the Depressed Classes should have the power to influence governmental action by seats in the Legislature so also it is desirable that the Depressed Classes should have the opportunity to frame the general policy of the Government. This they can do only if they can find a seat in the Cabinet. The Depressed Classes therefore claim that in common with other minorities, their moral rights to be represented in the Cabinet should be recognized. With this purpose in view the Depressed Classes propose that in the Instrument of Instructions an obligation shall be placed upon the Governor and the Governor General to endeavour to secure the representation of the Depressed Classes in his Cabinet.” 1 “Dr. Ambedkar despatched some copies of this Declaration of Fundamental Rights to his followers in India, asked them to hold meetings in different cities in support of the demands presented to the Minorities Sub-Committee by the Depressed Class representatives, and instructed them to send copies of the resolutions to Ramsay MacDonald, stating that those demands were the irreducible minimum for willing co-operation of the Depressed Classes : otherwise they would not consent to any constitution for self-government. Accordingly, a number of wires poured into the office of the British Premier from all parts of India.” 2 Similarly, the provisions for a settlement of the communal problem put forward jointly by Muslims, Depressed Classes, Indian Christians, Anglo-Indians and Europeans in the form of memorandum, was submitted to the Minorities Committee. The text of memorandum reads as follows : Editors. 1 : Proceedings of the Sub-Committee No. III (Minorities) Pp. 168-176. 2 :Keer, P. 153.

93ROLE OF ......................... INDIAN DEMOCRACY “Provisions for a settlement of the communal problem put forward jointly by Muslims, Depressed Classes, Indian Christians, Anglo-Indians and Europeans CLAIMS OF MINORITY COMMUNITIES 1. No person shall by reason of his origin, religion, caste or creed be prejudiced in any way in regard to public employment, office of power or honour, or with regard to enjoyment of his civic rights and the exercise of any trade or calling. 2. Statutory safeguards shall be incorporated in the Costitution with a view to protect against enactments of the Legislature of discriminatory laws affecting any community. 3. Full religious liberty, that is, full liberty of bellief, worship observances, propaganda, associations and education shall be guaranteed to all communities subject to the maintenance of public order and morality. No person shall merely by change of faith lose any civic right or privilege, or be subject to any penalty. 4. The right to establish, manage and control, at their own expense, charitable, religious and social institutions, schools and other educational establishments with the right to exercise their religion therein. 5. The Constitution shall embody adequate safeguards for the protection of religion, culture and personal law, and the promotion of education, language, charitable institution of the Minority Communities and for their due share in grants-in-aid given by the State and by the self-governing bodies. 6. Enjoyment of civic rights by all citizens shall be guaranteed by making any act for omission calculated to prevent full enjoyment an offence punishable by law. 7. In the formation of Cabinets in the Central Governnment and Provincial Governments, so far as possible, members belonging to the Musalman community and other minorities of considerable number shall be included by convention. 8. There shall be Statutory departments under the Central and Provincial Government to protect Minority Communities and to promote their welfare.

94 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 9. All communities at present enjoying representation in any Legislature through nomination or election shall have representation in all Legislatures through Separate Electorates and the minorities shall have not less than the proportion set forth in the Annexure but no majority shall be reduced to a minority or even an equality. Provided that after a lapse of ten years it will be open to Muslims in Punjab and Bengal and any minority communities in any other Provinces to accept Joint Electorates, or Joint Electorates with reservation of seats, by the consent of the community concerns. Similarly after the lapse of ten years it will be open to any minority in the Central Legislature to accept Joint Electorates with or without reservation of seats with the consent of the community concerned. With regard to the Depressed Classes no change to Joint Electorates and reserved seats shall be made until after 20 years’ experience of Separate Electorates and until direct adult suffrage for the community has been established. 10. In every Province and in connection with the Central Government a Public Service Commission shall be appointed, and the recruitment to the Public Services, except the proportion, if any, reserved to be filled by nomination by the Governor-General and the Governors, shall be made through such Commission in such a way as to secure a fair representation to the various communities consistently with the considerations of efficiency and the possession of the necessary qualifications. Instructions to the Governor-General and the Governors in the Instrument of Instructions with regard to recruitment shall be embodied to give effect to this principle, and for that purpose, to review periodically the composition of the services. 11. If a Bill is passed which, in the opinion of twothirds of the members of any Legislature representing a particular community affects their religion or social practice based on religion, or in the case of fundamental rights of the subjects if one-third of the members object, it shall be open to such members to lodge their objection thereto, within a period of one month of the Bill being passed by the House, with the President of the House who shall forward the same to the Governor-General or the Governor, as the

95ROLE OF ......................... INDIAN DEMOCRACY case may be, and he shall thereupon suspend the operation of that Bill for one year, upon the expiry of which period he shall remit the said Bill for further consideration by the Legislature. When such Bill has been further considered by the Legislature and the Legislature concerned has refused to revise or modify the Bill so as to meet the objection thereto, the Governor-General or the Governor, as the case may be may give or withhold his assent to it in the exercise of his discretion, provided further that, the validity of such Bill may be challenged in the Supreme Court by any two members of the denomination affected thereby on the grounds mat it contravenes one of their fundamental rights. SPECIAL CLAIMS OF MUSALMANS A. The North-West Forntier Province shall be constituted a Governor’s Province on the same footing as other Provinces with due regard to the necessary requirements for the security of the Frontier. In the formation of the Provincial Legislature the nomination shall not exceed more than 10 per cent of the whole. B. Sind shall be separated from the Bombay Presidency and made a Governor’s Province similar to and on the same footing as other Provinces in British India. C. Musalman representation in the Central Legislature shall be one-third of the total number of the House, and their representation in the Central Legislature shall not be less than the proportion set forth in the Annexure. SPECIAL CLAIMS OF THE DEPRESSED CLASSES A. The Constitution shall declare invalid any custom or usage by which any penalty or disadvantage or disability is imposed upon or any discrimination is made against any subject of the State in regard to the enjoyment of civic rights on account of Untouchability. B. Generous treatment in the matter of recruitment to Public Service and the opening of enlistment in the Police and Military Service.