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Constitutional definition of Scheduled Castes was fudged by the executive order of 1950

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eBook details

  • Title: Constitutional definition of Scheduled Castes was fudged by the executive order of 1950
  • Author : Shyam Sundar Singh and Nagesh C Rana
  • Release Date : January 13, 2020
  • Genre: Social Science,Books,Nonfiction,
  • Pages : * pages
  • Size : 8939 KB

Description

A study of the constitutional history of India clearly shows that, for the first time ever, the Government of India Act of 1935 passed by the British Parliament earmarked some electoral constituencies for those sections of society who had been traditionally doing menial jobs for the rest of the populace. These include the professions of sweeper, barber, cobbler, blacksmith and the like. Historically these professionals have been looked down upon and discriminated against. Rest of the society has been considering itself socially superior to this group of professionals.
Therefore, in order to ameliorate the plight of these traditional professionals, in 1935 the lawmakers decided to earmark a certain number of electoral constituencies in the central and provincial legislatures of India for these hapless sections of society.
For purposes of identification, these given professions were listed out - province wise - and this list was appended as a ‘schedule’ to the Government of India Act of 1935. Therefore, these professions came to be known as the Scheduled Castes. The religion professed by these tradional professionals was not at all a consideration for deciding as to which professions shall be included in this category.
However, an in-depth study of the bureaucratic rigmarole concomitant to the making of the Constitution of India, as reflected from the official record, reveals the oligarchic commission of a misconduct.
In 1950, in violation of the constitutional provisions enacted by the legislature, the definition of the term ‘Scheduled Castes’ was deliberately fudged by inserting para (3) in the Constitution (Scheduled Castes) Order of 1950. Thus, the otherwise benevolent legislative concept of ‘Scheduled Castes’ was converted unconstitutionally, by a section of the Executive, into an extra-constitutional phenomenon where the religion of the persons doing the given professions was brought in undemocratically - from outside - as an additional conditionality for the given professionals to fulfill the requirement for inclusion into the term ‘Scheduled Castes’.
This study delves deep into this sabotage. Extracts of the letters and notes which formed part of this foul-play have been appended in the end.
It is vital for the society and all sections of the state actors to know the reality of this societal miscarriage with a view to right the wrong by doing away with the artificial coloration of what is known as ‘Scheduled Castes’ and to render it religion-neutral so that the aspirations of the constitution makers are fulfilled.


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