PARLIAMENTARY DEBATES 495
The Hon. the Law Minister—he will correct me if I am wrong—has pointed out the difficulty, in the interpretation o the scheduled castes and scheduled tribes, which is possible and then it may land us into a very inconvenient, position The terms “Scheduled Castes and Scheduled Tribes” an defined in article 366 (24) and (25). Now, that definition specifically mentions the castes and tribes that are to be deemed as scheduled castes or tribes under specific articles 341 and
342 with the result that possibly, so far as Part C states are concerned, it may be contended that what you cal scheduled castes as defined by Parliament cannot be recognised as scheduled castes under the Constitution. In as much as article
330 gives a general direction so far as the scheduled castes under the Constitution are concerned, the cases of Part C States scheduled caste representation are not covered by article 330. Is that the intention?
Dr. Ambedkar: Yes ; that is so.
Mr. Speaker: If that is so, then his further argument is that “ let there be a superfluity, if you so call it, but why not make the position sure? ” Therefore, even if it is assumed that the legislation is a superfluity, let us have it, so that no legal technicality might come in the way of the representation o the scheduled castes. He wants to make that position quite clear and leave nothing to the ingenuity of the lawyers or technicalities of law.
Shri J. R. Kapoor: Sir, the argument of the Hon Dr. Ambedkar is plausible enough indeed.
Mr. Speaker : If that is so, let there be no reply.
Shri J. R. Kapoor: The definition of scheduled castes and scheduled tribes in article 366 is not an absolute definition This definition has to be read along with the preamble or the introductory words of article 366 which run thus : “In this Constitution, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them...” Obviously, therefore, the context of article
330 does not fit in with this definition of scheduled castes and scheduled tribes.