34 Representation of the People (Amendment) Bill - Page 485

468 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Shri Dwivedi: I think I can continue.

Mr. Chairman: Yes.

Shri Goenka (Madras) : Who will listen?

Shri Dwivedi: I suppose what I say will be noted in the proceedings. As for example cerain portions of Vindhya Pradesh have been merged into other States as enclaves. Rampur, Tehri Garhwal and certain other States have been given due protection in the Legislative Assemblies of the States concerned as also in Parliament, but no attention has so far been paid to those enclaves of Vindhya Pradesh which have been referred to in this Bill.

Shri Goenka: They have been complaining that there is no one on the Treasury Benches.

Dr. Ambedkar: The Treasury Bench is quite unnecessary for the House.

Shri Dwivedi: Since a legislation has already been brought forth for the Scheduled Castes, Scheduled Tribes etc., it should have been our first concern not to treat those merged enclaves like some packages that can be placed according to ones wishes. These enclaves should also get due representation in the States Legislative Assemblies.

Now, Sir, I wish to divert your attention to a very important legal issue. In clause 2 of Article 330 of the Constitution, it is stated:

“(2) The number of seats reserved in any State for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State in the House of the People as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or Part of the State, as the Case may be, in respect of which seats are so reserved, bears to the total population of the State.”

What I want to say in this connection is that since there has been a clear mention regarding the allotment of seats, including those of Part C States, in the Act XLIII of 1950 and since clause 2 of article 330 of the Constitution clearly states that the seats will be allotted in proportion to the population,