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 IRight 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:
(i) their economic position.
(ii) social status, and
(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) Onevery Public Services Commission or a. Committee constituted for fillingvacancies, the Scheduled Castes shall have at least onerepresentative.
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