PARLIAMENTARY DEBATES 449
there is any other provision, and if there is no other provision, I do not think even this Bill could be brought before this House. So this Bill is either ultra vires or it is superfluous. In case it is accepted that a provision already exists, it is not necessary to bring this Bill. From that point of view this Bill is superfluous. In case there is no provision in the Constitution, this Bill is ultra vires.
Another point for which provision has been made in this Bill is declaration of certain castes as Scheduled Castes and Scheduled Tribes. For that also there is provision in articles
341 and 342. According to article 342 (2):
“Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) 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.”
My submission is that if this House has any right to make any alteration it is under clause (2) of article 342. Under that provision the scope of that modification is limited. The scope is limited to the fact that if there be any list prepared by the President under clause (1) it is only to that list that any modification can be made by an Act of Parliament. Otherwise there is no independent provision for making such modification or change in the list or to provide for the fact that certain castes should or should not be included in the Scheduled Castes or the Scheduled Tribes. So, as regards that provision also, I do not think that this Bill can take us any further, because there is no such list prepared by the President to which this modification might be directed. Therefore, my submission is that in all cases either this Bill is superfluous or it is ultra vires in respect of both the points that have been attempted to be covered by this Bill. The provision already being present in article 330 of the Constitution for the representation of the Scheduled Tribes and the Scheduled Castes in this House, it is absolutely unnecessary to have this Bill or to make any law in this House.
Mr. Speaker: Mr. Muldas Vaishya.