Now, coming to the question of the scheduled tribes and as to why | substituted the word “scheduled” for the word “aboriginal”, the explanation is this. As | said, the word “scheduled tribe” has a fixed meaning, because it enumerates the tribes, as you will see in the two Schedules. Well, the word “Adibasi” is really a general term which has no specific legal de jure connotation, something like the Untouchables, it is a general term. Anybody may include anybody in the term Untouchable. It has no definite legal connotation. That is why in the Government of India Act of 1935, it was felt necessary to give the word “Untouchable” some legal connotation and the only way it was found feasible to do it was to enumerate the communities which in different parts and in different areas were regarded by the local people as satisfying the test of untouchability. The same question may arise with regard to Adibasis. Who are the Adibasis? And the question will be relevant, because by this Constitution, we are conferring certain privileges, certain rights on these Adibasis. In order that, if the matter was taken to a court of law, there should be a precise definition as to who are these Adibasis, it was decided to invent, soto say, another category or another farm io be called Scheduled tribes and to enumerate the Adibasis under that head. Now | think my friend, Mr. Jaipal Singh, if he were to take the several communities which are now generally described as Adibasis and compare the communities which are listed under the head of scheduled tribes, he will find that there is hardly a case where a community which is generally recognised as Adibasis is not included in the Schedule. | think, here and there, a mistake might have occurred and a community which is not an Adibasis community may have been included. It may be that a community which is really an Adibasi community has not been included, but if there is a case where a community which has hitherto been treated as an Adibasi Community is not included in the list of Scheduled tribes, we have added, as may be seen in the draft Constitution, an amendment whereby it will be permissible for the local government notification to add any particular community to the list of scheduled tribes which have not been so far included. | think that ought to satisfy my friend, Mr., Jaipal Singh. He asked me another question and it was this. Supposing a member of a Scheduled Tribe living in a scheduled area of a member of a scheduled tribe living in a tribal area migrates to another part of the territory of India, which is outside both the scheduled area and the tribal area, will he be able to claim from the local government, within whose jurisdiction he may be residing, the same privileges which he would be entitled to when he is residing within the scheduled area or within the inkball ? It is a difficult question for me to answer. If that matter is argued in quarters where a decision on a matter like this would i we would certainly be able to give some answer to the question in e form of some clause in this Constitution. But so far as the present Condition stands, a member of a Scheduled Tribe gong outside the scheduled area or tribal area would certainly not be emailed to carry with him the privileges that he is antifield of when be & residing in a scheduled area or a tribal area. So far 2s | can ss. it will be practically impossible to enforce the provisions Sat apply to tribal areas or scheduled areas, in areas other than Thoss which are covered by them.
Sir, I hope I have met all the points that were raised to this clause, and speakers when they spoke upon the amendments to this clause, and I believe that my explanation will give them satisfaction that all their points have been met. I hope that the article as amended will be accepted by the House.
Mr. Vice-President: I shall now put the amendments which have been moved, which number thirty, to the vote one by one.
(The following amendments were accepted by Dr. Ambedkar and were
adopted by the House. Rest 28 amendments were negatived).
(i) “That in clause (1) of article 13, the words “subject to the other provisions of this article” be deleted”.
(ii) That for clause (2) of article 13, the following be substituted: –
“(2) Nothing in sub-clause (a) of the clause (1) of this article shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to libel, slander, defamation or any matter which offends against decency or morality or which undermines the security of, or tends to overthrow, the State”.
(iii) “That with reference to amendment No.454 of the List of amendments – (i) in clauses (3), (4), (5) and (6) of article 13, after the words “any existing law” the words “in so far as it imposes” be inserted and (ii) in clause (6) of article 13, after the words “in particular” the words “nothing in the said clause shall be affect the operation of any existing law in so far as it prescribes or empowers any authority to prescribe, or prevent the State from making any law” be inserted.”
(To be continued)
