438 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State.”
At that time the learned Law Minister said that as these Part C States are governed by the President himself according to article 239 of the Legislative Constitution, there is no need for the inclusion of Chief Commissioners in article 341. The entire difficulty arose that way and the need for the introduction of this Bill today is that in that article Chief Commissioners are not included and the President could not consult anybody for purposes of issuing notifications for Part C States.
Shri J. R. Kapoor: What I said was that under article
392 the President could make the necessary adaptation and additions in article 341, under which the Scheduled Castes could be specified even in respect of Part C States.
Shri Chandrika Ram : But the difficulty is this. If you read clause (2) of article 341 you will find it reads :
“(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) 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.”
Therefore, under this article the President is not in a position to issue another notification. Only Parliament is competent to do it.
Shri J. R. Kapoor: The question of another notification does not arise because the President has not so far issued any notification for any Part C States.
Shri Chandrika Ram: This matter was also raised with the Law Ministry, the Home Ministry and the States Ministry. We, who represent the Scheduled Castes in this House ran from one Ministry to another and consulted one Minister after another. Every one of them said that as there was no constitutional provision, notifications could not be issued regarding Part C States. When the original Bill was moved here, I moved an amendment in this House but it was not accepted on that very ground. The different organisations