ARTICLE II – Section III
PROVISIONS FOR THE PROTECTION OF MINORITIES
The Constitution of the United States of India shall provide:
Clause 1
Protection against Communal Executive.
For explanation see Explanatory Notes
(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 or the different minorities m 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
Protection against social and official tyranny.
For explanation see Explanatory Notes
(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 m like manner sad 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
Protection against social boycott.
For explanation see Explanatory Notes
That Social Boycott, Promoting or Instigating a Social Boycott or Threatening a Social Boycott as defined below shall be declared to be an offence :
(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 m the Constitution, ordinarily maintain
with such person, or
(c) in any way injuries, 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 he 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 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
Power of Governments to spend money for any purposes connected with Government of India including purposes beneficial to the Minorities
For explanation see Explanatory Notes
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 make laws, shall not be abridged taken away.
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