Lastly, Sir, I should like to know what is the relationship between clause (3) of article 10 and article 296. Article 296 provides that the claims of minor it communities shall be taken into consideration consistently with the maintenance of efficiency in the administration in the making of appointments to services and posts in connection with the affairs of the Union or of a State for the time being specified in Part I of the First Schedule. Now in so far as clause (3) of Article 10 applies to all States specified in the First Schedule, the difference between it and article 296, which applies only to States specified in Part I of the First Schedule, is clear. But beyond that it is far from clear what the relationship between these two articles is. Article 296 relates to minorities. The claims of the minority communities can betaken into consideration in making appointments to services only on the ground that they are backward. Though it is the word `minority’ that is used, in article 296 and the expression `backward classes’ is used in article 10 (3), it seems to me that in fairness to the country protection can be granted to any class, whether you call it a backward class or a minority, only on the ground that it is backward and if left to itself, would be unable to protect its interests. This shows the need for clearing up the connection between the two articles that I have just referred to. Apart from this, I should like to know whether if clause (3) of article 10 were passed, it would be possible for sections within the various communities to ask for special protection for themselves in the matter of appointments to services or posts. It may be that if clause(3) of article 10 is passed, it will not be possible for the State to make any reservations in the services for minorities as such. But will it not be a temptation to sections of these and other communities to claim that they are backward in order to get the protection of clause (3) of article 10 ? Sir, I submit that we should have a system that would not encourage fissiparous tendencies and under which it will not be to the interest of any class to claim that it is backward. It is desirable therefore to limit the operation of any special protection that we may grant–protection of whatever kind–that its duration should be limited, so that the legislature may from time to time be able to see how it has worked and how the State has discharged its duty towards the protected classes. Unless this is done, I venture to think that article 10 would not be in conformity with the intention of the constitution tore move all those conditions on account of which special protection is necessary. We are all aware that when the Report of the Minorities Committee was considered by the House, the entire House was anxious that reservations of whatever kind should be done away with as quickly as possible. It was recognized that for the time being they were necessary, but it was insisted on that whatever protection might be considered necessary now, should be granted temporarily only, so that the population of the country might become fully integrated, and no community or class might be tempted to claim special advantages for itself. On these grounds, Sir, I venture to put forward my amendment though I have no doubt whatsoever, that it will not find favour with my friend Dr. Ambedkar.
