34 Representation of the People (Amendment) Bill - Page 513

496 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

The context of article 330 obviously means that there shall be reservation of seats for the scheduled castes and scheduled tribes in the House of the People. Therefore, these definitions should not be taken at their face value.

Mr. Speaker : I may point out to the hon. Member that the position may be said to be left in doubt and uncertain in the Constitution. That is why we are going to have special legislation.

Shri J. R. Kapoor: What about the second point? Can we fix a number, and not go by the formula of clause (2) of article 330?

Mr. Speaker: If the argument is conceded that it is desirable, as a matter of safety, to have a special definition of scheduled castes for the purpose of representation in Part C States, the other thing follows automatically. The two go together. You cannot rely upon that definition for one purpose and still reject it for another.

Shri. J. R. Kapoor: Is it your ruling or your view that it is open to Parliament to reserve seats for any particular section of the community unless it is specifically provided for in the Constitution? If it is not so provided, can we do it?

Mr. Speaker: In the first place that question does not arise. It is a problematical one and the Chair should not be called upon to go on interpreting it. The matter is very clear. We are not going into the wider question of interpretation of the Constitution.

Dr. Deshmukh : Have you considered the objection raised by Mr. Deshpande which relates to section 6 of the representation of the People Act by which the number is to be determined by the President and not by Parliament?

Mr. Speaker: We are again in the same vicious circle. The interpretation of that is practically based on the same view of the article. I think we need not go into that. The discussions are no doubt very interesting and involve very interesting and very good points of legislation. But let us legislate as common people, going by common sense.