So article 7 which defines the word “State” does not define the territory but it defines the authority of the State. Article 1 defines the territory of the State. The amendment speaks of both. So, when we say employment or appointment to an office under any State, there we say the authority of the State; so there is nothing wrong because article 7 would mean all the territories of the States in Schedule I. As soon as we say that “In this part, unless the context otherwise requires, the State includes all……..”so far as this article 7 is concerned, the whole of Schedule I is covered and there is no doubt about it. Then, Sir, article 10 refers to appointment to an office under the State,–there is nothing wrong because here “under the State” means as defined in article 7, and because the definition of article 7 covers the whole of the State including the territories in the First Schedule. That is all right. But when we come to the other part of it, as to residence within that State, there the rub arises. The residence cannot be in the authority; the residence must be in the territory and therefore we cannot invoke Article 7;we must necessarily go to Article 1 and when we go to Article 1, therein part (4) of Schedule I becomes excluded. This is my point.
