roll of sardar patel in reservation he was against reservation in service rejected 35% sc vote demand for winning of ambedkar and other harijan leaders less than 50% reservation in constituition backward class not caste and ten year only reservation and reservation to only hindu sc
Sardar patel and his roll in
reservation
Sikhs
muslimss and ambedkar were demanding reservation. for setting this issue an
advisory committee was constituted and sardar patel was made chairman of
this committee the general notion is that ambedkar gave reservation but
it is totally wrong ambedkar Was only a member of this committee
sardar pastel was against the reservation in
service
see his speech
27 august 1947
Sardar patel
Then comes representation in the services. The general standard that we
have accepted is that ordinarily competitive posts must go by merit and if we
are to depart from this, the general administration would suffer immensely. It
is well-known that since this departure has been introduced in the matter of
services, our administration has suffered considerably. Now that we begin
afresh, we must see that where we have to fill some administrative posts of a
higher level, these posts have to be filled by competition, i.e. by competitive
examination and competitive tests. We have made some concessions in the matter
of certain communities. which require a little help.
EVEN SARDAR PATEL SAID IN HIGHER
POST THEIR SHOUD BE NO RESERVATION . RESERVATION WILL BE GOOD FOR POST OF
chaprasi AND CLERK
ONLY
Sardar patel on 14 october 1949
So
far as the Services are concerned, for all major posts or all posts which go by
competitive examinations there is no reservation on communal grounds. They go
to the Public Service Commission. You are quarrelling or asking for the
minor posts-Chaprasis and clerks
Is it the Sikh position now that we have not got
enough Sikh Chaprasis and clerks ? Are you going to raise the community in that
manner ? If that is so, tell me, and If you leave what you have got for the
Scheduled Castes, I shall persuade the Constituent Assembly to give you what
you want, but you will repent afterwards
26 MAY 1949
Unless you put blood into
its veins, even if we quarrel about concessions of reservation, we will get
nothing. We have to build up this country on solid foundations. As I told you,
I was trembling on the day I was appointed as Chairman of this Committee but I
felt proud and today also I feel proud-and I hope the House will feel
proud--that we are able to bring about almost unanimity in removing the past
blots in our Constitution (hear, hear) and to lay, with the grace of God and
with the blessings of the Almighty, the foundations of a true secular
democratic State, where everybody has equal chance. Let God give us the wisdom
and the courage to do the right thing to all manner of people. (Cheers).
Demand of ambedkar
and other harijan leaders for 35% sc vote to win sc constituency and
rejection and condemnation by patel
Ambedkar
and other dalit leader Nagappa proposed IN ADVISORY COMMITTEE OF
CONSTITUTION that 35t% sc vote should be necessary to win
a sc candidate in reserved seat it was again a type of separate electorate
demand
But
sardar rejected it
Sardar
patel on 27 august 1947
There was also another point which was a
matter of controversy, and that was on behalf of the Muslim League and a
section of the Scheduled Castes. The point was raised that a certain percentage
of votes should be considered necessary for a successful candidate. This was a
matter of controversy and amongst the Scheduled Castes themselves a very large
majority sent me a representation yesterday saying they were against this. But
in the Advisory Committee it was discussed
dalit leaders demanded reservation in cabinet also
Shri V. I. Muniswami Pillai (Madras : General)
27 august 1947
Much has been said about the representation of minorities in the Cabinet. I am one of those, Sir, who believe in political power for the elevation of the weaker sections of our land. It is by holding offices that these people are bound to come in contact with these unfortunate minority communities and see for themselves what should be done to elevate them. if I plead that there ought to be proper representation of these minorities in the Cabinet, I do not mean, Sir, that the Cabinets will become polluted or it win become inefficient but equal opportunity must be given. Once you give reservation an population basis, I also claim, Sir, that representation in the Cabinet also must be in that proportion. Sir, events have shown in this country that the members that have been drawn from Scheduled Castes to various offices as Ministers and Speakers of the Assembly have proved equally good in the discharge of their duties. Let there be nothing in the minds of the majority communities that those who were chosen from these communities for high offices will not be efficient. I feel that a convention has to be created according to the 1935 Act, as recommended in the Report. I am sure that the goodwill of the majority communities will always be there to see that those weaklings,-the minority communities, are well represented in the Cabinets. Sir, in the matter of services, I earnestly request that everything must be done to these minority communities so that they may have their quota in the services of this great land. Often it is said though the Depressed Classes have the required qualification, under some pretext or other they are not given chances in the services. I wish, Sir, after this report has been accepted by the Constituent Assembly, those majority communities who will have the ruling say in the matter will see that the claims of the Scheduled Castes will not be forgotten. I know-as a matter of fact to start with, the present Dominion Cabinet have already issued an executive order setting aside 12 1/2 per cent and 16 1/2 per cent for the Scheduled Castes both in the competitive and non-competitive services
sardar rejected rservation in cabinet
27 august 1947
We have, so far as the Cabinet representation is concerned also adopted the formula that exists today in the 1935 Act which is considered constitutionally proper and, therefore, it has also been accepted unanimosly
THEN AMBEDKAR AND
NAGAPPA AND MUSLIM LEAGE BROUGT AN AMMENDMENT REGARDING THIS IN CONSTITUTIONAL
ASSEMBLY
S nagappa
on 28 august 1947
Shri S. Nagappa: The amendment is as follows
"That the following be added at the end of para. 6 'Provided that in the
case of the Scheduled Castes the candidate before he is declared elected to the
seat reserved for the Scheduled Castes, Shall have secured not less than 35 per
cent. of the votes polled by the Scheduled Castes in the election to the
reserved seat'."
Shri S. Nagappa: For instance there are four
candidates that are seeking election to the reserved seats. Now let us take it
there are 100 Scheduled Caste votes and let us assume all the 100 Scheduled
Caste voters comes and vote. A gets 36 and B gets 35, this comes to 71. Only 29
is there for the other. Now you need not take that man at all into
consideration who has polled only 29 per cent. Now again you need not have two
elections. You can distribute two coloured papers to the voters come and vote.
A gets 36 and B gets 35, this comes to 71. Only placed only for the Scheduled
Caste candidate and if one gets more than 35 per cent, of the Scheduled Caste
votes, or coloured votes, you need not take the other man into consideration at
all.
SARDAR PATEL AND OTHER HEAVILY CONDEMNED THIS
28
AUGUST 1947
Shrimati Dakshayani
Velayudan (Madras: General)
Mr.
President I find that for the Motion four Members have given their names and
first comes the name of the Honourable Dr. B. R. Ambedkar. I am surprised to
find that a Member who came in as result of a joint electorate came forward to
move this amendment whereas a member who, was all the while standing, for
separate electorates and for the so-called percentage is not to be seen in the
House to-day. If there was any
sincerity in moving this amendment we could have found the person who headed
the list, and I do not know why another member took up that responsibility. There
may be some reason behind the scene. ' The Mover of the amendment, Mr. Nagappa,
said when they come to, the Assemblies as a result ,of joint electorates they
may not be coming With the votes of the community and so they are not entitled
to represent the community. If Mr. Nagappa thinks that he has come here as a
result of such an election, the wisest and the best thing that he ought to do
would be to withdraw his candidature or his membership from this Assembly and
the Provincial Assemblies (Hear, hear). If anybody thinks that he is unfit to
speak for the community when he comes on the vote of the community or the vote
of the people in general, the best way to do service to the community is to
disappear from the scene and not to take part in any political activities
whatsoever and I think Dr. Ambedkar was wise enough to be absent on the
occasion because he knew that this is not going to be carried in the Assembly
today or on any day. As the Chairman of the, Minority Committee spoke yesterday
these things were passed in the committee by majority of votes and, whatever
reasons that he may bring forward here, it may not be carried out. So without
wasting his time, he has gone for his work as he is engaged in Cabinet work.
Somebody has come forward with an excuse that if this form of electorate
exists, the real representatives of the people will not be able to come. If we
analyse the demand for a percentage of the votes. of the community, we will
come to the conclusion that it is nothing but unadulterated separate
electorates (Hear, hear). I must ask the Honourable Members who moved the
amendment whether they are giving any meaning to the votes that. will be cast
by the members of other communities. In practice, we have to take into account
only the votes that will be cast by the community. If a candidate gets 34 per
cent. and another date 35 per cent. of the votes of his community, if the first
candidate gets 200 cites from the general public and the next candidate gets
100 votes from the general public, and if we take into account the percentage
of votes cast by the community, certainly the second candidate Should be
elected. Then it comes to this that there will be no meaning to the votes cast
by other communities though it amounts to double the number of votes which the
second candidate gets from the general people
28 AUGUST 1947
KHANDEKAR WHO WAS VERY EDUCATED DOCTOR AND HARIJAN LEADER
CONDEMNED THIS DEMAND OF AMBEKAR
Mr. H. J. Khandekar:
[Mr. President, Sir, I stand to oppose the amendment
which has been placed before you by my friend Mr. Nagappa. This amendment
stands in the name of four Members. The first name is that of Dr.
Ambedkar, and you all know that from the time of Vie Second Round Table
Conference till the Minority Sub-Committee, of the Advisory Committee
assembled, he relinquished the demand for joint electorates and continued the
demand for separate electorates. On the question of this demand his message to
all Harijans of his country, who belonged to his party, went to the extent that
they were not even Hindus that they wished to have a colony separate from the
Hindus, that they were not within the fold of Hindu religion, and it was for
this reason that they desired separate electorates. This thing has been going
on in the country for the-last fifteen years with the result that a sort of
discord has been created between Caste Hindus and Harijans of Dr. Ambedkar's
party, and it- has gone to the extent that Harijans of Ambedkar party do not
wish to converse with Hindus. But I feel happy to state that when this matter
relating to joint and separate electorates came-Up before the Minority
Sub-Committee
It has come to my notice
that our Muslim brothers, who in this country are about 3 crores, have got and
are going to get on the report of the Advisory Committee all the facilities
which they should get. Even
--------------------------------------------------------
*[English translation of Hindustani speech.
then they say that they
should get percentage of votes in order to enable them to elect their
representatives. Once again, my friend Mr. Nagappa too, who is an ally of Dr.
Ambedkar and is dancing to his tune on some expectations, says the same thing,
i.e., that it is in this way alone that our true representatives will be
chosen. I want to ask these brothers, what is the meaning of a true
representative ? I want to cite the example of this Assembly. If my friends are
not true representatives of Harijans, if Kazis are not here as true
representatives of Muslims then, what will happen to this Assembly ? If these
honest Muslim brothers shout "Jinnah Zindabad", we shout
"Bharat-Mata-ki-jai" or other slogans and such sort of pin pricks
continue, what will be the result ? I would like to ask Mr. Nagappa and Kazi
Sahib, who will suffer then, the majority or the minority ? Any declaration of
this sort is most improper and therefore I do not agree with the amendment of
Mr. Nagappa.
Dr. Ambedkar and
Mr. Nagappa the Harijans will permanently remain Harijans and their position
would gradually deteriorate. There are sub-castes within castes. There are
several sub-castes among Harijans. In fact Harijans are not a part of any
community but are spread. throughout India in 132 sub-castes. If percentage of
35 is passed, the 3 per cent. "Chamars" who live in Nagpur will not
come. within the orbit of this election. If election is fought community-wise
then "Mahars" who are 80 per cent. will get 35 per cent, votes.
Therefore "Chamars", "Bhangis" and the other sub-castes
will.not be able to return their representatives in elections because they are
in minority among Harijans. In that case only the 'Mahars', to which section
Dr. Ambedker and I belong and which has a predominating majority in Bombay and
Nagpur, will capture all the mats of the' Harijans in those provinces and other
Harijans will get no seat at all.
THEN sardar patel rejected it and condemned harijan leaders and muslim leaders
Patel on 28 august 1947
To the Scheduled Caste friends, I also appeal:
"Let us forget what Dr. Ambedkar or Ms group have done. Let us forget what
you did. You have very nearly escaped partition of the country again on your
lines. You have seen the result of separate electorates in Bombay, that when
the greatest benefactor of your community came to Bombay to stay in bhangi
quarters it was your people who tried to stone his quarters. What was it ? It
was again the result of this poison, and therefore I resist this only because I
feel that the vast majority of the Hindu population wish you well.. Without
them where will you he ? Therefore, secure their confidence and forget that you
are a Scheduled Caste. I do not understand how Mr. Khandekar is a Scheduled
Caste man. If he and I were to go outside India, nobody will find out whether
he is a Scheduled Caste man or I am a Scheduled Caste man. There is no Scheduled Caste between us. So those representatives
of the Scheduled Caste must know that the Scheduled Caste has to be effaced
altogether from our society, and if it is to be effaced, those who have ceased
to be untouchables and sit amongst us have to forget that they are untouchables
or else if they carry this inferiority complex, they will not be able to serve
their community. They will only be able to serve their community by feeling now
that they are with us They are no more Scheduled Castes and therefore
they must change their manners and I appeal to them also to have no breach between
them and the other group of Scheduled Castes. There are groups amongst
themselves, but everyone tries according to his own light. We are now to begin
again. So let us forget these sections and cross-sections and let us stand as
one, and together
Sardar patel even said that schedule caste must
come out from inferiority complex and feel superior to Brahmin
26 may 1949 sardar patel
why do you want to claim privileges? It was all
right when there was a third party: but that is all over. That dream is a mad
dream and it should be forgotten altogether. Never think about that, do not
imagine that anybody will come here to hold the scales and manipulate them
continuously. All that is gone. So the future of a minority, any minority, is
to trust the majority. If the majority misbehaves, it will suffer. It will be a
misfortune, to this country if the majority does not realise its own
responsibility. If I were a member of a minority community, I would forget that
I belong to a minority community. Why should not a member of any community be
the Prime Minister of this country? Why should not Mr. Nagappa who today
challenges the Brahmin be so? I am glad to hear that the ownership of 20 acres
of land does not entitle him to be a scheduled casts man. "That is my privilege"
he said " because I am born a scheduled caste man. You have first to be
born in the scheduled caste". It gladdened my heart immensely that that
young man had the courage to come before the House and claim the privilege of
being born in the Scheduled Caste. It is not a dishonour: he has an honourable
place in this country. I want every scheduled caste man to feel that he is
superior to a Brahmin or rather, let us say, I want every scheduled caste man and the
Brahmin to forget that he is a scheduled caste man or a Brahmin respectively
and that they are all equal and the same.
and on his appeal ambedkar and nagaapa's proposal was rejected by assembly
EVEN HE SAID THAT THERE IS NO SCHEDULE BETWEEN US AND
DALIT LEADERS MUST CHANGE THEIR MANNERS AND FORGET INFERIORITY COMPLEX
Patel on 28 august 1947
To the Scheduled
Caste friends, I also appeal: "Let us forget what Dr. Ambedkar or Ms group
have done. Let us forget what you did. You have very nearly escaped partition
of the country again on your lines. You have seen the result of separate electorates in Bombay, that
when the greatest benefactor of your community came to Bombay to stay in bhangi
quarters it was your people who tried to stone his quarters. What was it ? It
was again the result of this poison, and therefore I resist this only because I
feel that the vast majority of the Hindu population wish you well.. Without
them where will you he ? Therefore, secure their confidence and forget that you
are a Scheduled Caste. I do not understand how Mr. Khandekar is a Scheduled Caste man. If
he and I were to go outside India, nobody will find out whether he is a
Scheduled Caste man or I am a Scheduled Caste man. There is no Scheduled
Caste between us. So those representatives of the Scheduled Caste must know
that the Scheduled Caste has to be effaced altogether from our society, and if
it is to be effaced, those who have ceased to be untouchables and sit amongst
us have to forget that they are untouchables or else if they carry this
inferiority complex, they will not be able to serve their community. They will
only be able to serve their community by feeling now that they are with us
They are no more Scheduled Castes and therefore they must change their manners
and I appeal to them also to have no breach between them and the other group of
Scheduled Castes. There are groups amongst themselves, but everyone
tries according to his own light. We are now to begin again. So let us forget
these sections and cross-sections and let us stand as one, and together
HE CONEMNED MUSLIM members FOR DEMANDING SEPARATE
ELECTORATE again AND REPRIManded that they have already taken
Pakistan so don’t play their tactice again that they are affectionate junior
brothers and hindu should give them separate electorate to win our affection he
advised him to accept the change situation
28 august 1947 sardar patel
So far as the amendment moved by the representative of the Muslim
League is concerned, I find that I was mistaken in my Impression.
and if I had believed this, 1,would certainly not have agreed to
any reservation at all. (Hear, Hear). When I agreed to the reservation an the
population basis, I thought that our friends of the Muslim League will see the
reasonableness of our attitude and allow themselves to accommodate themselves
to the changed conditions after the separation of the country. But I now find
them adopting the same methods which were adopted when the separate electorates
were first introduced in this country, and in spite of ample sweetness in the
language used there is a full dose of poison in the method adopted. (Hear,
Hear). Therefore,I regret to say that if I lose the affection of the
younger brother, I am prepared to lose it because the method he wants to adopt
would bring about his death. I would rather lose his affection and keep him
alive. If this amendment is lost, we will lose the affection of the younger
brother, but I prefer the younger brother to live so that he may see the wisdom
of the attitude of the elder brother and he may still learn to have affection
for the elder brother
Therefore,
my friends, you must change your attitude, adapt yourself to the changed
conditions. And don't pretend to say "Oh, our affection is very great for
you". We have seen your affection. Why talk of it ? Let us forget the
affection. Let us face the realities. Ask yourself whether you really want to
stand here and cooperate with us or you want again to play disruptive tactics.
Therefore when I appeal to you, I appeal to you to have a change in your heart,
not a change in the tongue, because that won't pay here. Therefore, I still
appeal to you : "Friends, reconsider your attitude and withdraw your
amendment". Why go on saying "Oh, Muslims were not heard; Muslim
amendment was not carried". If that is going to pay you, you are much
mistaken, and I know how it cost me to protect the Muslim minorities here under
the present condition and in the present atmosphere. Therefore, I suggest that
you don't forget that the days in which the agitation of the type you carried
on are closed and we begin a new chapter. Therefore, I once more appeal to you
to forget the past. Forget what has happened. You have got what you wanted. You
have got a separate State and remember, you are the people who were responsible
for it, and not those who remain in Pakistan. You led the agitation. You
got.it. What is it that you want now ? I don't understand. In the majority
Hindu provinces YOU, the minorities, you led the agitation. You got the
partition and now again you tell me and ask me to say for the purpose of
Securing the affection of the younger brother that I must agree to the same
thing again, to divide the country again in the divided part. For God's sake,
understand that we have also got some sense. Let us understand the thing
clearly. Therefore when I say we must forget the past, I say it sincerely.
There will be no injustice done to you. There will be generosity towards you,
but there must be reciprocity. If it is absent, then you take it from me that
no soft words can conceal what is behind your words. Therefore, I plainly once
more appeal to you strongly that let us forget and let us be one nation.
Ten year period and
giving the benefit of sc only to hindus
Harijan leaders were demanding separate minority
status but KM munshi and otHers gave amendment that only hindus will get sc
reservation
later on Jawaharlal Nehru included Sikhs in sc and rajiv
Gandhi included baudh in sc for vote bank politics
27 august 1947
Prof. Shibbban Lal Saksena (United Provinces: General) : Mr.
President Sir, my amendment is No. 85 and it says that the words
"scheduled castes" be deleted from the schedule. The purpose of the
amendment is that scheduled castes should not be classed as separate minority
but should be treated as an integral part of the Hindu community. My amendment reads-
That from group C of the Schedule to para 1, the words "7
Scheduled castes" be deleted.
I would like to draw the attention of the Assembly to one
important declaration. It is this. It will be remembered that Mr. Jinnah has
often tried to include the Scheduled castes in the minorities; and on June 26,
1946, in a letter from Maulana Abdul Kalam Azad to Lord Wavell, and the latters
reply thereto, Lord Wavell is reported to have said:
"........ if any vacancy occurs among the seat, allotted to
the minorities, I shall naturally consult both the main parties before filling
it."
Mr. Jinnah has thus included the Scheduled Castes among the
minorities. But so far as we are concerned, we consider the Scheduled Castes as
belonging to Hindus, they are not a minority, they have also always formed part
of us. I am glad Mr. Munshi has brought up his amendment, which meets my
purpose and I therefore withdraw my amendment, in favour of his.
Shri K. M. Munshi (Bombay: General) : Sir, because amendment No.
85 has been moved by Prof. Shibban Lal Saksena I move the amendment standing in
my name:-
"That in amendment No. 85 of List III, dated 26th August
1947, the words "7. Scheduled Castes" be deleted and the following
para. be added after para :-
"1-A. The section of the Hindu community referred to as
Scheduled Castes as defined in Schedule I to the Government of India Act, 1935,
shall have the same rights and benefits which are herein provided for
minorities specified in the Schedule to para. 1
Actually ten year period was proposed by mahavir tyagi ji and it was accepted although the majority of harijan leaders were opposing this but sardar patel accepted this
26 may 1949
Mr. President: Then
there is the amendment which was moved by Pandit Thakur Das Bhargava.
Pandit Balkrishna Sharma
(United Provinces: General): I think the mover accepts the amendment.
The Honourable Sardar
Vallabhbhai J. Patel: Yes, Sir, I accept the amendment.
Mr. President: The
question is;
"That the following be added to the Motion:-
"The provisions for reservation of seats and nominations will
last for a period of ten years from the commencement of this
Constitution.'"
The amendment was
adopted.
Ambedkar
on reservation that it should be in minority of seat
Ambedkar clarified that reserve seat must be in
minority and open seat shoudd be more than reserve seat
So it is ambedkar not supreme court who has made
ruling in constitunal assembly that reserved seat must be less than
50 % otherwise it will be violation of constitution
AMBEDKAR 30 NOVEMBER
1948
Of the three points of view, the first is that there shall be
equality of opportunity for all citizens. It is the desire of many Members of
this House that every individual who is qualified for a particular post should
be free to apply for that post, to sit for examinations and to have his
qualifications tested so as to determine whether he is fit for the post or not
and that there ought to be no limitations, there ought to be no hindrance in
the operation of this principle of equality of opportunity. Another view mostly
shared by a section of the House is that, if this principle is to be
operative--and it ought to be operative in their judgment to its fullest
extent--there ought to be no reservations of any sort for any class or
community at all, that all citizens, if they are qualified, should be placed on
the same footing of equality so far as the public services are concerned. That
is the second point of view we have. Then we have quite a massive opinion which
insists that, although theoretically it is good to have the principle that
there shall be equality of opportunity, there must at the same time be a
provision made for the entry of certain communities which have so far been
outside the administration. As I said, the Drafting Committee had to produce a
formula which would reconcile these three points of view, firstly, that there
shall be equality of opportunity, secondly that there shall be reservations in
favour of certain communities which have not so far had a `proper look-in' so
to say into the administration. If honourable Members will bear these facts in
mind--the three principles, we had to reconcile,--they will see that no better
formula could be produced than the one that is embodied in sub-clause (3) of
article 10 of the Constitution; they will find that the view of those who
believe and hold that there shall be equality of opportunity, has been embodied
in sub-clause (1) of Article 10. It is a generic principle. At the same time,
as I said, we had to reconcile this formula with the demand made by certain
communities that the administration which has now--for historical
reasons--been controlled by one community or a few communities, that situation
should disappear and that the others also must have an opportunity of getting
into the public services. Supposing, for instance, we were to concede in full
the demand of those communities who have not been so far employed in the public
services to the fullest extent, what would really happen is, we shall be
completely destroying the first proposition upon which we are all agreed,
namely, that there shall be an equality of opportunity. Let me give an
illustration. Supposing, for instance, reservations were made for a community
or a collection of communities, the total of which came to something like 70
per cent. of the total posts under the State and only 30 per cent. are retained
as the unreserved. Could anybody say that the reservation of 30 per cent. as
open to general competition would be satisfactory from the point of view of
giving effect to the first principle, namely, that there shall be equality of
opportunity? It cannot be in my judgment. Therefore the seats to be reserved,
if the reservation is to be consistent with sub-clause (1) of Article 10, must be confined to a
minority of seats. It is then only that the
first principle could find its place in the Constitution and effective in
operation. If honourable Members understand this position that we have to
safeguard two things namely, the principle of equality of opportunity and at
the same time satisfy the demand of communities which have not had so far
representation in the State, then, I am sure they will agree
Even ambedkar suggested that if any govt
violates the principal of equal opportunity and does excessive reservation then
people should go to court and court will quash it
AMBEDKAR 30 NOVEMBER 1948
"What is a backward
community"? Well, I think any one who reads the language of the draft
itself will find that we have left it to be determined by each local
Government. A backward community is a community which is backward in the
opinion of the Government. My honourable Friend, Mr. T. T. Krishnamachari asked
me whether this rule will be justiciable. It is rather difficult to give a
dogmatic answer. Personally I think it would be a justiciable matter. If
the local Government included in this category of reservations such a large
number of seats, I think one could very well go to the Federal Court and the
Supreme Court and say that the reservation is of such a magnitude that the rule
regarding equality of opportunity has been destroyed and the court will then
come to the conclusion whether the local Government or the State Government has
acted in a reasonable and prudent manner. Mr. Krishnamachari asked:
"Who is a reasonable man and who is a prudent man? These are matters of
litigation". Of course, they are matters of litigation, but my honourable
Friend, Mr. Krishnamachari will understand that the words "reasonable
persons and prudent persons" have been used in very many laws and if he
will refer only to the Transfer of Property Act, he will find that in very many
cases the words "a reasonable person and a prudent person" have very
well been defined and the court will not find any difficulty in defining it. I
hope, therefore that the amendments which I have accepted, will be accepted by
the House. Mr. Vice-President: I am now going to put the amendments to vote,
one
by one
Backward
class reservation
Reservation
was for backward class not for backward caste
Km
munshi clarified it is a generic term not caste
30
NOVEMBER 1949 K M MUNSHI
we want to see
that backward classes, classes who are really backward, should be given scope
in the State services; for it is realised that State services give a status and
an opportunity to serve the country, and this opportunity should be extended to
every community, even among the backward people. That being so, we have to find
out some generic term and the word "backward class" was the
best possible term. When it is read with article 301 it is perfectly clear that
the word "backward" signifies that class of people--does not matter
whether you call them untouchables or touchables, belonging to this community
or that,--a class of people who are so backward that special protection is
required in the services and I see no reason why any member should be apprehensive
of regard to the word "backward."
Ambedkar
even did not mention it as a caste
AMBEDKAR 30
NOVEMBER 1948
"What is a
backward community"? Well, I think any one who reads the language of the
draft itself will find that we have left it to be determined by each local
Government. A backward community is a community which is backward in the
opinion of the Government. My honourable Friend, Mr. T. T. Krishnamachari asked
me whether this rule will be justiciable. It is rather difficult to give a
dogmatic answer. Personally I think it would be a justiciable matter. If the
local Government included in this category of reservations such a large number
of seats, I think one could very well go to the Federal Court and the Supreme
Court and say that the reservation is of such a magnitude that the rule
regarding equality of opportunity has been destroyed and the court will then
come to the conclusion whether the local Government or the State Government has
acted in a reasonable and prudent manner. Mr. Krishnamachari asked: "Who
is a reasonable man and who is a prudent man? These are matters of
litigation". Of course, they are matters of litigation, but my honourable
Friend, Mr. Krishnamachari will understand that the words "reasonable
persons and prudent persons" have been used in very many laws and if he
will refer only to the Transfer of Property Act, he will find that in very many
cases the words "a reasonable person and a prudent person" have very
well been defined and the court will not find any difficulty in defining it. I
hope, therefore that the amendments which I have accepted, will be accepted by
the House. Mr. Vice-President: I am now going to put the amendments to vote, one by
one
14 OCTOBER
1949
Shri
R. K. Sidhva :
Then I move my amendment, Sir.
"as the
President may on receipt of the report of a Commission appointed
under clause (1)
of article 301 of this Constitution by order specify
and" be
deleted
Sir, I do not
want to speak at length because I have touched upon this point
in my previous
amendment. I know there is the article 301 which specifies
backward
classes. I am not quite sure that it will be easy for the President
to find out who
are the backward classes. I do feel that this backward classes
article will
remain a dead article, because I know that people who will come
in the name of
the backward classes will come only for their own personal
position and
personal aggrandisement to insert themselves as backward classes
to win their own
personal ends I know people would come in the name of the
backward classes
only to get a few posts, leaving the poor masses of that
community in the
lurch. I am therefore strongly opposed to the inclusion of
the term
'backward classes'. Article 301 says investigate the conditions of
socially and
educationally backward classes". Now, What does that mean ?
80 per cent. of
our people are illiterate. Are they all backward ? Sometimes
people who are
illiterate have a far better sense of argument than the
literate people.
Therefore, Sir,
I contend that there is no such class as a backward class. The
Britishers
wanted to dub many as backward classes and then play them up to the
whole world and
say that India consists of so many backward classes and so
they do not
deserve freedom. I do not want this term "backward
,classes"
perpetuated in our Constitution. The sooner we do away with
this, the better
for our country, the 'better for our position in the world.
Beyond the
Scheduled Castes and the Scheduled Tribes, I do not want any kind
of reservation
for anybody. If there is any class which feels that their
interests have
not been justly represented in the services, they should go to
the proper
authorities and find the remedy. After hearing Sardar Patel, I do
not think there
will be any injustice to any class people who really deserve
some kind of
sympathy and justice. If there is any injustice,, then our
leaders are
there who will look after their interests. With these few words, I
commend my
amendment for the acceptance of the House.
So it is crystal clear
that sardar was against all form of reservation
Being the head of minority committee he accepted some demands of
ambedkar but he rejected propotional reservation demand, demand of reservation
in cabinet and reprimanded muslim members for again demanding reservation
He
accepted reservation in legislature only for 10 year
And rejected the demand of reservation in
education latter Jawaharlal Nehru gave reservation to sc st in
education by doing first constitutional amendment for appeasement
politics
Author nilam
singh social activist
sardar said big reservation is of assembly and pitty is of service and how sikhs can be untouchable
14 october 1949 patel
They agreed to have joint electorates and to have nothing. to do with this communal separatism. When they desired that, I called a meeting of the minorities Committee and the Advisory Committee. At their instance decisions were taken. The Sikh stand has always been that "if all minorities agreed, we are also agreeable. Wo do not want any special arrangement. We do not want any advantage. We are able to stand on our own legs"'. 'Mat was their stand throughout, in the Congress and outside the Congress.
When this resolution was brought, and this question was about to be considered, the Sikh representatives of the Punjab came to me and they said that so far as the Scheduled Caste Sikhs are concerned, they should be treated separately and given the same advantage that was being given to the Hindu Scheduled Castes. The Scheduled Castes objected to a man that these art not Scheduled Castes, and if they are Scheduled Castes, then they are not Sikhs. Therefore, they said, "you cannot give them separate treatment. There are forcible conversions being made from the Scheduled Castes to the Sikhs for this purpose". That was their grievance. On the other side, the Sikhs said that they had converted so many and it was not by force. "They have come to our fold", they said, "and if you do not recognise these concessions, then they will all go back to the Scheduled Caste Hindus and we will lose Now, it was against our conviction to recognise a separate Sikh caste as untouchables or Scheduled Castes, because untouchability is not recognised in the Sikh religion. A Scheduled Caste Sikh community has never been in the past recognised. But as the Sikhs began to make a grievance continuously against the Congress- and against us, I persuaded the Scheduled Caste people with great difficulty to agree to this for the sake of peace. I persuaded the other members of the Advisory Committee on the condition, which is in writing by the representatives of the Sikhs, that they will raise no other question hereafter.
Then in the Advisory Committee, when this question came, Sardar Ujjal Singh raised the question, "What about the Services" ? I said, "Your representatives have given in writing that no other question hereafter is to be raised" Giani Kartar Singh was also in the Advisory Committee, and he got up and said, "No, we will settle it in the Provinces. It is not to be raised here."
What is the use of charging the Congress with having broken promises ? Do not break the promises that you have given, and do not charge others with breach of promises. If you now say, as Sardar Hukam Singh says, that these people were anxious to serve an advantage for the Scheduled Caste Sikhs and they may have agreed to this, but it is a mistake, then if it is a mistake, reconsider your position, and I shall reconsider mine. Take away that concession and remove it, and you get your pound of flesh, if you want it.
What is it that you get in the Services? Even at present, what do the Sikhs do ? What do other communities do ? So far as the Services are concerned, for all major posts or all posts which go by competitive examinations there is no reservation on communal grounds. They go to the Public Service Commission. You are quarrelling or asking for the minor posts-Chaprasis and clerks. Is it the Sikh position now that we have not got enough Sikh Chaprasis and clerks ? Are you going to raise the community in that manner ? If that is so, tell me, and If you leave what you have got for the Scheduled Castes, I shall persuade the Constituent Assembly to give you what you want, but you will repent afterwards.
You say, in PEPSU it is not the arrangement. But this is not the House to bear that complaint. If there is any such complaint, send it to us. We shall consider about it. But do not go behind, your pledged words and charge people with breach of promises or pledges. We are not the people to pledges. Every sympathy and every consideration will be shown to the Sikh community because it is located in a particular area ; it is a small community, and yet it is brave, virile and it can stand on its own against anybody. Do not break that spirit by continuously saying, "We are injured, we are helpless, we are-in a minority, we are hopeless, we cannot do anything."
That kind of psychology will injure the community itself and not others, and injuring the community means injuring the nation. It is not as a representative of the majority community that I give this advice, but as a well wisher of the Sikh community, I advise you not to create this atmosphere by saying continually, "we are badly treated, badly treated". If you do, then it is the Sikh community that will be hurt.
When the Advisory Committee took this decision to give up reservation, we clearly understood the position and all communities clearly understood it. When the decision of the Advisory Committee came before this House for its acceptance, I made it clear that this Constitution of India, of free India, of a secular State will not hereafter be disfigured by any provision on a communal basis. It was accepted with acclamation.
It is said that if you make any arrangements in the Provinces, then the provisions of the Constituent Assembly with regard to fundamental rights will come in the way. Let me tell you, nothing comes in the way where arrangements are made by mutual agreement, and without mental reservations. That provision in the fundamental rights is provided for an individual who is injured But if you make domestic arrangements in the Punjab between community and community for the small posts, then who is going to question that ? But first create an atmosphere for adjustment of such 'things in your Province. It is tile continued atmosphere of quarrel between two communities that has created distrust among them, and that creates difficulties. You will have our support and sympathy continuously in that Province because that Province has suffered most. It is injured and the wounds have not yet healed. It is for us all, and for you particularly, to help us in healing the wounds. Therefore, let us make a united effort to raise the morale of that Province, the strength of that Province, which really is at the top of India, where the border is. Then you will have no complaint at all.
After all, what is the Sikh community backward in ? Is it backward in trade ? Is it backward in industry, or commerce or in anything ? Why do you consider yourselves to be backward ? Therefore, forget that psychology. If there is any injustice done, then come to us, we will see that no injustice is done.
Sardar
26 may 1949
The Honourable Sardar Vallabhbhai J. Patel (Bombay: General):Sir, when I was first appointed Chairman of the Advisory Committee on Minorities, I really trembling and I took up the jobs with a heavy heart, because I felt the task was immensely difficult, owing to the history of the past so many years of foreign rule.
There was a difference of opinion from some progressive nationalist-minded leaders, such as Dr. Mookherjee who from the beginning opposed any kind of reservation or safeguards. I am sure he will be happy today to find that his ambition is being fulfilled.
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