RANCHI

Parliament is the central institution through which the will of the people is expressed, laws are passed and government is held to account. It plays a vital role in a democracy, and endeavours to be truly representative, transparent, accessible, accountable and effective in its many functions. The Parliament has two Houses–Rajya Sabha and Lok Sabha. Rajya Sabha is upper House and represents the States of India while the Lok Sabha is lower House.

Lok Sabha and Rajya Sabha: 0rganisation and Functions;

The Council of States (Rajya Sabha) is the Upper House of our Parliament. It consists of not more than 250 members, out of which, 238 members represent the States and Union territories and 12 members are nominated by the President from amongst the persons having special knowledge and practical experience in respect of such matters as literature, science, art and social service. At present, the actual strength of Rajya Sabha is 245. A permanent body, Rajya Sabha is not subject to dissolution. However, one-third of its members retire biennially. A member who is elected for a full term retains his membership for six years. He is eligible for re-election. A Member elected/ nominated to a casual vacancy serves for the remainder term only. Members of Rajya Sabha are elected by the elected members of the State Legislative Assemblies in accordance with the system of proportional representation by means of single transferable vote.

Lok Sabha is composed of representative of the people chosen by direct election on the basis of adult suffrage.  The maximum strength of the House envisaged by the Constitution is 552, upto 530 members to represent the States, up to 20 members to represent the Union Territories and not more than two members of the Anglo-Indian Community to be nominated by the President, if,  in his opinion, that community is not adequately represented in the House.  The total elective membership is distributed among the States in such a way that the ratio between the number of seats allotted to each State and the population of the State is, so far as practicable, the same for all States.

The cardinal functions of the Parliament is to oversee the administration, passing of budget, ventilation of public grievances, and discussing various subjects like development plans, international relations, and national policies. The Parliament can, under certain circumstances, assume legislative power with respect to a subject falling within the sphere, exclusively reserved for the states.

The Parliament is also vested with powers to impeach the President, remove judges of Supreme and High Courts, the Chief Election Commissioner, and Comptroller and Auditor General in accordance with the procedure laid down in the Constitution. All legislation requires the consent of both Houses of Parliament. In the case of Money Bills, the will of the Lok Sabha prevails. The Parliament is also vested with the power to initiate amendments in the Constitution.

The Comptroller and Auditor General (CAG) promotes accountability, transparency and good governance through high quality auditing and accounting.The Comptroller and auditor general (CAG) of India is empower to audit all expenses from the combine Fund of the union or state governments, whether incurred within India or outside. The Comptroller and Auditor General of India (CAG) is the Head of the Indian Audit and Accounts Department (IA&AD) and derives his constitutional standing as the Auditor of the Union and State Governments from Articles 149 to 151 of the Constitution.

Duties of the CAG

• Receipts and expenditure of the Union and the State Governments accounted for in the respective Consolidated Funds.
• Transactions relating to emergency Funds (created for use in circumstances) and the Public Accounts (used mainly for loans, deposits and remittances).
• Trading, manufacturing, profit and loss accounts and balance sheets and other subsidiary accounts kept in any Government Department.
• Accounts of Government organisations, Government companies and Government corporations whose statutes provide for audit by the CAG.
• Authorities and bodies substantially financed from the Consolidated Funds of the Union and the States.
• Any body or authority even though not substantially financed from the Consolidated Fund at the request of the President or the Governor.
• Accounts of bodies and authorities receiving loans and grants from the Government for specific purposes.

The duties of Comptroller and Auditor General includes audit of: ? all expenditure from the Consolidated Fund of India of Union, of each State and of each Union Territory having a Legislative Assembly with the objective to ascertain whether the moneys shown in the accounts as having been disbursed were legally available for and applicable to the service or purpose to which they have been applied or charged and whether the expenditure conforms to the authority which governs it; ? all transactions of the Union and of the States/Union Territory having a Legislature relating to Contingency Funds and Public Accounts; ? all trading, manufacturing, profit and loss accounts and balance-sheets and other subsidiary accounts kept in any department of the Union or of a State and in each case, to report on the expenditure, transactions or accounts so audited by him; ? receipts and expenditure of bodies or authorities substantially financed from Union or State revenues; ? grants or loans given to other authorities or bodies; ? revenue of the Union and of the State Governments; ? accounts of stores and stock; ? Government Companies and Corporations under the Company’s Act 1956 read with CAG’s (DPC) Act, 1971 ; and ? accounts of other authorities or bodies as per their statute or upon request by the Governor of a State or the Administrator of a Union Territory having a Legislative Assembly.

Compilation of accounts of the State Government; ? preparation of the annual accounts of the States Governments and Union Territories having a Legislative Assembly; and ? rendering accounting information and assistance to the State Governments.

CAG presents a number of Audit Reports on the basis of audit of the Union Government and the State Governments to the Parliament and State Legislature respectively under Article 151 of the Constitution of India.  In addition, CAG certifies the Appropriation Accounts and Finance Accounts of the Union Government and of the State Governments and forwards them to the President / Governors of States for being laid on the Table of Parliament and State Legislature respectively. CAG also submits Separate Audit Reports on all statutory corporations and autonomous bodies, for which he is the sole auditor.

Parliamentary privilege  is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. The Presiding Officer i.e. Speaker in case of Lok Sabha and Chairman in case of Rajya Sabha, is the custodian of the rights and privileges of the House, its Committees and Members.

Article 105 of the Constitution of India which provides for the powers, privileges and immunities of the Houses of Parliament and of the Members and the Committee thereof reads as follows:—

(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.

(2) No Member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any Committee thereof, and no person shall be so liable in respect of the publication or under the authority of either House of Parliament of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of each House of Parliament and of the members and the Committees of each House, shall be such as may from time to time be defined by Parliament by law, and until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.

(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of a House of Parliament or any Committee thereof as they apply in relation to Members of Parliament.

Some of the more important privileges of each House of Parliament and of its Members and Committees are as follows:

(i) Freedom of Speech in Parliament [of Article 105(1) of the Constitution].

(ii) Immunity to a Member from any proceedings in any court in respect of anything said or any vote given by him in Parliament or any Committee thereof [of Article 105(2) of the Constitution].

(iii) Immunity to a person from proceedings in any court in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings [of Article 105(2) of the Constitution].

(iv) Prohibition on the courts to inquire into proceedings of Parliament [of Article 122 of the Constitution].

(v) Freedom from arrest of members of civil cases during the continuance of the Session of the House and forty days before its commencement and forty days after its conclusion (of Section 135 of the Code of Civil Procedure).

(vi) Right of the House to receive immediate information of the arrest, detention, conviction, imprisonment and release of Member (of Rules 222A and 222B of the Rules of Procedure and Conduct of Business in Rajya Sabha).

(vii) Prohibition of arrest and service of legal process within the precincts of the House without obtaining the permission of the Chairman/Speaker.

(viii) Prohibition of disclosure of the proceedings or decision of a secret sitting of the House.

(ix) Members or officers of the House cannot give evidence or produce documents in courts of law, relating to the proceedings of the House without the permission of the House (of First Report of Committee of Privileges of Rajya Sabha presented to the House on the 1st May, 1958).

(x) Members or officers of the House cannot attend as a witness before the other House or a Committee thereof or before a House of State Legislature or a Committee thereof without the permission of the House and theycannot be compelled to do so without their consent (of Sixth Report of Committee of Privileges of Second Lok Sabha, adopted by Lok Sabha on the 17th December, 1958 and Thirty-Third Report of the Committee of Privileges of Rajya Sabha, adopted by the House on 30th March, 1993).

(xi) All Parliamentary Committees are empowered to call for persons, papers and records relevant for the purposes of the inquiry by a Committee. A witness may be summoned by a Parliamentary Committee who may be required to produce such documents as are required for the use of a Committee.

(xii) The evidence tendered before a Parliamentary Committee and its report and proceedings cannot be disclosed or published by anyone until these have been laid on the Table of the House.

Parliament is the supreme law making body of the nation.The Council of Ministers is collectively responsible to the Lok Sabha. The Lok Sabha is empowered to pass a vote of censure against the ministry. Whenever such a motion is passed, the ministry has to resign.

There are several means of Parliament’s control over Executive such as, both the houses exercise control over the executive through asking questions, discussing matters of urgent public importance, moving call- attention notices and adjournment motions, and also by appointing various committees such as public accounts committee, estimates committee, committee on public undertakings, committee on government assurances, the committee on privileges, the committee on subordinate legislation etc. All these activities keep the executive alert.

It is the function of Parliament to exercise political and financial control over the Executive and to ensure parliamentary surveillance of administration. Executive responsibility and administrative accountability, are two different functional concepts.

The executive has the right to formulate the budget. But Parliament must authorise by law the levy or modification of taxes. If any tax is imposed without legislative authority, the affected person can approach the courts for relief. In addition to it, the executive cannot spend public revenue without the sanction of Parliament. Parliament has also been provided with the means of ensuring economy in the amount of government expenditure.

The Comptroller and Auditor-General (CAG) helps Parliament in ensuring that the executive has spent the expenditure sanctioned by Parliament in terms of law. The CAG audits that accounts of the union to see that no money has been spent without parliamentary sanction.

Administrative accountability means the accountability of the administration to Parliament. Parliament does not interfere with day to day administration nor does it control administration. Accountability to it is technical and indirect i.e. through the Ministers, and it is ex post facto i.e. after something is done; after action has ended.

The Election Commission of India is an autonomous, quasi-judiciary constitutional body of India.It was established on 25 January 1950 under Article 324 of the Constitution of India. Originally the commission had only a Chief Election Commissioner. The commission presently consists of a Chief Election Commissioner and two Election Commissioners, appointed by the president.

The President appoints Chief Election Commissioner and Election Commissioners. They have tenure of six years, or up to the age of 65 years, whichever is earlier. They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India. The Chief Election Commissioner cannot be removed from office, except on the grounds and in the manner on which the Supreme Court judges can be removed. However, since the other Election Commissioners and the Regional Election Commissioners work under the Chief Commissioner, they may be removed by the President on his recommendations.

The Commission conducts elections in accordance with the constitutional provisions, supplemented by laws made by Parliament. The major laws include Representation of the People Act, 1950, which mainly deals with the preparation and revision of electoral rolls, the Representation of the People Act, 1951 which deals, in detail, with all aspects of conduct of elections and post election disputes.

Functions of The Election Commission of India

• The Superintendence, Direction and Control of Election
• Preparation of Electoral Rolls
• To declare the date of Election
• To reognise and derecognise Political Parties
• To prepare code of conduct for Political Parties
• Control over the staff connected with Election
• To conduct Election
• To establish Polling Stations
• Safety of Ballot Boxes and Counting
• To declare ineligible for contesting Election
• To order Re-poll
• To issue Direction

Electoral Reforms can be achieved by two types of measures: Preventive and Punitive

• Preventive
  • Advertisements in the press to be issued to educate voters of their rights and responsibilities, besides highlighting ethical voting
  • Meetings with NGOs and citizens’ forums and appeal to political parties and candidates for self-restraint
• Punitive
  • CEOs of the state would identify those constituencies which were prone to high expenditure and corrupt practices. Large number of assistant expenditure observers and more number of flying squads and surveillance teams would be posted in these constituencies
  • Expenditure observer to be appointed for each district
  • Each candidate to open a separate account for election expenditure
  • All election expenditure are to be incurred by issuing cheques
  • Banks would be required to report to the Commission any suspicious withdrawal of money exceeding Rs 1 lakh
  • Set up a 24*7 call centre and complaint monitoring mechanism
  • Static surveillance teams would keep a watch on large quantities of cash or illicit liquor or any suspicious item being carried in the constituencies
  • District level media certification and monitoring committees would go into the entire process of media advertisements to check paid news

An emergency is a situation demanding immediate action.The emergency provisions under Indian constitution can be traced back to the British rule in India, when by Act of parliament crown established its sovereignty over company’s territories in India in 1861 . The Governor General under the provisions exercised wide powers both legislative and executive. He was also given power to legislate for emergencies.The Emergency Provisions are mentioned from Article 352 to Article 360.

Article 352: Proclamation of Emergency – due to external intrusion or war the President of India can declare a state of emergency through a Proclamation. This Article suggests that such a Proclamation can be revoked or a varied Proclamation can also be issued. However, the decision of the Cabinet ministers to issue such a proclamation must be sent to the President in written form prior to his issuance of the same. According to the Article, all such Proclamations should be presented to both the Houses of the Parliament. The Proclamations, if not accepted by a resolution, will be counted as ineffective after one month. If the Proclamation is not accepted after the passing of a second resolution, then it will become ineffective after the expiry of 6 months of the second resolution. It is also mentioned in the Article that not less than two-thirds of the members of any of the Parliamentary Houses should be required to pass a resolution. There are certain rules specified in this Article regarding the President revoking or issuing a varied Proclamation during Emergency.

Article 353: Effect of Proclamation of Emergency – this Article states that the Proclamation of Emergency includes extending the executive power of the union to the states in the form of directions. The Parliament, as per this Article, can confer the power to make laws, upon the officers or authorities of the Union.

Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation – provisions made under Articles 268 to 279 can be modified or exceptions can be made by the President of India by an Order while the Proclamation period of emergency is going on. Information about all such Orders must be conveyed to both the Houses of Parliament.

Article 355: Duty of the Union to protect States against external aggression and internal disturbance – this Article states the fact that the Union or Center is solely responsible for defending the various states from all types of violence and aggressions erupting from outside and disturbances occurring within the nation’s territory.

Article 356: Provisions in case of failure of constitutional machinery in States – the President of India can take charge of a state if the reports submitted to him by the Governor suggest that the government of the state has become incapable of exercising the Constitutional powers. The President is also subjected to exercise the powers of the government of such state by Proclamation. The Proclamation issued under such circumstances become ineffective after 6 months from the date of issuance, if not revoked during this time period. All such Proclamations have to be presented to both the Houses of Indian Parliament and will expire after two months. The Legislative powers of such state shall also be exercised by the Parliament. In the Houses of Parliament there are certain rules and regulations regarding the expiry of the Proclamation and the time period normally depends upon the fact whether it has been revoked earlier or not.

Article 357: Exercise of legislative powers under Proclamation issued under article 356 – the powers of the Legislature shall be exercised by the Parliament during emergency. The Parliament has the right to delegate Legislative powers to the President of India or any such authority. The President of India, after the Proclamation of Article 356, can make laws and shall have access to the consolidated fund during the time period when the House of the People is not in operation.

Article 358: Suspension of provisions of article 19 during emergencies – any provision under Article 19 will not be effective during emergency and the states can make law and undertake executive action. However, only those laws and executive actions containing recital related to emergency during the Proclamation of Emergency are effective as per the Article.

Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies – the President of India can suspend all ongoing proceedings in any court of the nation during emergencies by an Order. The President can also call upon all pending court proceedings in case of emergencies. All such orders declaring the suspension of court proceedings have to be submitted to both the Houses of Parliament.

Article 360: Provisions as to financial emergency – a declaration shall be made by the President of India through a Proclamation regarding the financial crisis of the nation if such situation arises. Such a Proclamation can be revoked and has to be presented in both the Houses of the Parliament. The Proclamation thus issued will become null and void after two months if the same is not approved through a resolution passed by the Houses of Parliament. In case the Houses are not in session the Article suggests certain specific guidelines regarding the Proclamation. This Article also includes provisions relating to the salary and allowance reduction of those who are employed with Union and state departments. A provision relating to money bills and other financial bills passed by the state Legislature is mentioned in the Article. This provision states that all such bills have to be considered by the President during financial instability.

Parliament is a supreme law making body of the nation. Any proposed law is introduced in the Parliament as a bill. After being passed by the Parliament and getting the President’s assent it becomes a law.

There are two kinds of bills:-(i) ordinary bill and (ii) money bill.

Every member of the Parliament has a right to introduce an ordinary bill ,thus we have two types of bills – government bills and private member’s bills. A Minister moves a government bill and any bill not moved by a Minister is a Private Member’s Bill

Each Bill undergoes the following legislative process:-

The money bills are such bills which deal with money matters like imposition of taxes, governmental expenditure and borrowings etc. In case there is a dispute as to weather a bill is a money bill or not, the Speaker’s decision is final.

• Money bill can be introduced only in Lok Sabha and not in Rajya Sabha and that too with the prior approval of and on behalf of the President.
• After being passed by the Lok Sabha, the bill goes to the Rajya Sabha. Rajya Sabha has 14 days at its disposal for consideration and report.
• The Rajya Sabha cannot reject the money bill. It may either accept it or make recommendations.
• In case Rajya Sabha chooses to make recommendations, the bill will return to Lok Sabha. The Lok Sabha may accept these recommendations or reject them. In any case the bill will not go back to Rajya Sabha. Instead it will be sent directly to the President for his assent.
• If the Rajya Sabha does not return the bill within 14 days, it will be deemed to have been passed by both the Houses of the Parliament and sent to the President for his assent.

 

The Indian constitution provides for a federal framework with powers (legislative ,executive and financial) divided between the center and the states. However, there is no division of judicial power as the constitution has established an integrated judicial system to enforce both the central laws as well as state law. The Indian federation is not the result of an agreement between independent units, and the units of Indian federation cannot leave the federation.Thus the constitution contains elaborate provisions to regulate the various dimensions of the relations between the centre and the states.

To understand the topic first we must understand the concept of federalism….

Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.

A federation is traditionally constituted when two or more independent neighboring states forge a Union for defined purposes of common interest by divesting themselves of a measure of sovereignty which is vested with the federal government. “The urge for union comes from the need for collective security against aggression and economic co-ordination for protection and expansion of trade and commerce. The federation is given only enumerated powers, the sovereignty of the states in the Union remains otherwise unimpaired”.

“A Federation in USA is of this type. Alternatively, a federation is formed when a sovereign authority creates autonomous units and combines them in a Union.” Once constituted, the national and state governments possess co-ordinate authority derived from the several constitutions and enjoy supremacy in their respective spheres of authority and jurisdiction. Canadian federation belongs to this category. However, the differences between the two lie in the degree and extent of emphasis on unitary features.

Characteristic Features of Federalism are:-

(i) Supremacy of Constitution:-Supremacy of the Constitution is a doctrine where by the Constitution is the supreme law of the land and all the State organs including Parliament and State Legislatures are bound by it. They must act within the limits laid down by the Constitution. They owe their existence and powers to the Constitution and, therefore, their every action must have its support in the Constitution.

(ii) The distribution among bodies with limited and co-ordinate authority, of different powers of government;

(iii) The authority of the courts as interpreters of the Constitution;

(iv) Double citizenship is another characteristic of some of the Federation.

A unitary system on the other hand has the highest degree of centralization. In a unitary state, the central government holds all the power. Lower-level governments, if they exist at all, do nothing but implement the policies of the national government. In a purely unitary state, the same set of laws applies throughout the nation, without variation. Unitary states create national policy, which is then applied uniformly. This uniformity sometimes serves as an advantage because people and businesses know exactly what to expect from the laws, regardless of geographical location. At the same time, to maintain its uniformity, a unitary government must overlook local differences that might call for different rules or policies.

Now coming back to our main topics Administrative, Legislative and Financial Relationship between centre and state

Administrative relations between the Centre & the States:

The administrative relations between the Centre and the States have been stated from Article 256 to Article 263 of the Constitution. As a rule, the Central Government exercises administrative authority over all the matters on which the Parliament has the power to make laws, whereas the State Governments exercise authority over the matters included in the State List.   The executive power of the State is to be exercised in compliance with laws made by the Parliament. Also, the Union Executive is empowered to give directions to a State, when necessary like- construction and maintenance of means of communications, declared to be of national and military importance, and also on the measures for the protection of Railways.Article 256 of the Constitution states that the executive power of the states shall be so exercised as to ensure compliance with the laws of Parliament.

Also the union executive power extends to the giving of such directions to the states as may appear to the Government of India to be necessary for the purpose.  It is further stipulated under Article 246 of the Constitution that if the state government fails to endorse the laws passed by the Parliament within its jurisdiction, the union government can issue directions to the states to ensure their compliance. This article lays down that it shall be the duty of the states to exercise its executive power so as to ensure that due effect is given within the state to every act of Parliament and to every existing law which apply in that state. This is a statement of constitutional duty of every state.

Legislative relations between the Centre & the States:

• Union List Only Parliament can make laws in the case of a subject listed in the Union list. It has 100 subjects for now.
• State List Only state can make laws in the case of a subject listed in the State List. It has 61 subjects for now.
• Concurrent  List:- Parliament and state (both) are allowed to make laws on the subjects listed in this list. If both have made laws on the same subject then the central law overrides the state law. It has 52 subjects for now.

42nd Amendment Act, 1976 transferred 5 Subjects from state list to concurrent list. (those five subjects were – education, forests, weights and measures, protection of wild animals and birds and administration of justice; constitution and organisation of all courts except the Supreme Court and the high courts.

 

Financial relations between the Centre & the States:
• The essence of federalism is not just the distribution of functions but also the distribution of resources necessary for the adequate & effective performance of
these functions.
• No system of federation can be successful unless both the union and the states have at their disposal adequate financial resources to enable them to discharge their respective responsibilities under the constitution.
• In the Indian constitution, the union – state financial relations are given in Chapter one of Part XII running from Art. 264 to 293.

Under the Constitution the financial resources of the State are very limited though they have to do many works of social uplift under directive principles. In order to cope with their ever-expanding needs, the Central Government makes grants-in-aid to the States. Grant- in-aid to States , through it Central Government exercises a strict control over the States because grants are granted subject to certain conditions.

The Indian constitution provides for a federal framework with powers divided between the Centre and the states. The Financial powers entrusted by the Constitution reflect a clear asymmetry between the taxation powers and the functional responsibili-ties, with the Centre being assigned taxes with higher revenue potential and States being entrusted with more functional responsibilities.  The Constitution provides, under Article 280, the institutional mechanism of Finance Commission and other enabling provisions for the transfer of resources from the Centre.

The Role of the Finance Commission under Indian Constitution are to make recommendation to the President with regard to following matters:
a) To determine the scheme that governs the matters relating to the distribution of net proceeds of taxes which are in the divisible pool, between the Centre and States.  
b) To make recommendations, to determine the principle that would regulate or govern the revenues to the States from the Central Revenue in the form of Grant in Aid to the needy States
c) This function of the Commission is included by the way of 73rd and 74 Constitutional Amendment to strengthen the financial Status of the local bodies by providing the supplement to the resources of the Panchayats and Municipalities in the States on the basis of the recommendation of State Finance Commission from the Consolidated fund of the State.
d) The last function of the Commission as provided by the Constitution under Article 280 3(d) is very vast any matter relating to the Fiscal interest between the intergovernmental bodies can be referred to the Commission by the President, These function or Terms of Reference, which broadly fixed by the Constitution itself; while at the same time an element of flexibility is built into these terms of reference under sub clause (d) of Article 280(3). Under this Clause the President has a power to refer any matter to the Commission ‘in the interests of sound finance.

 

Hindu society is divided into four varna, or classes, a convention which had its origins in the Rig Veda, the first and most important set of hymns in Hindu scripture which dates back to 1500-1000 B.C. At the top of the hierarchy are the Brahmins, or priests, followed by the Kshatriyas, or warriors. The Vaisyas, the farmers and artisans, constitute the third class.

The division of Indian society into various castes, together with the practice of untouchability, and the geographic isolation of some tribal communities has meant that these communities have lagged behind others in terms of educational and occupational attainment, political participation and with regard to opportunities for social mobility.

There were many movements and governmental actions that took place pre- and post- independence in order to overcome and attempt to eliminate the inequalities and injustices associated with the caste system. During the national movement, Gandhi began using the term “Harijans” (God?s people) to refer to the untouchables in order to encourage a shift towards positive attitude towards the lower castes. B.R. Ambedkar campaigned for greater rights for Dalits in British India, and even after independence.

Article 341(1): The President may with respect to any State or Union Territory, and where it is a State after consultation with the Governor thereof, by public notification, specify the casts, races or tribes or parts of or groups within casts, races or tribes which shall for the purpose of this Constitution be deemed to be Schedule Casts in relation to that State or Union Territory, as the case may be.

Article 341(2): Parliament may by law include in or exclude from the list of Schedule Casts specified in a notification issued under clause (1) any casts, race or tribe or parts of or groups within casts, races or tribes but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification

Seats shall be reserved in the House of the People for — (a) the Scheduled Castes; (b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and (c) the Scheduled Tribes in the autonomous districts of Assam. (2) The number of seats reserved in any State or Union territory for the Scheduled Castes or the Scheduled Tribes under clause shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State or Union territory in the House of the People as the population of the Scheduled Castes in the State or Union territory or of the Scheduled Tribes in the State or Union territory or part of the State or Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union territory.

Article 16 of the constitution provides for equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state, i.e. No citizen shall on grounds only of religion, race, caste sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of any employment of office under the State. While Clause (4-A) states that nothing in this article shall prevent the State from making provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes, which in the opinion of the State are not adequately represented in the service of the State.