However, certain thoughts arise in my mind in connection with these changes which have been introduced. Article 286, as it originally stood, provided, – I invite the attention of the House to clause (4) of the original article, –
“Nothing in this article shall require a Public Service Commission to be consulted as respects the manner in which appointments and posts are to be allocated as between the various communities in the Union or a State.”
This has been suitably and wisely modified so as to refer only to the backward class of citizens and not to the various communities. In this view, I am sorry I am not able to agree with the proposition that has been adumbrated by myhonourable Friend Dr. Deshmukh. Though it is difficult not to be in sympathy with the general view he has expressed, I feel, constitutionally there is a difficulty, in so far as the incorporation of that proposition in this article is concerned. The House will recollect, Dr. Deshmukh I am sure is well aware, that this Assembly long ago adopted article 10 in the Chapter on Fundamental Rights, which provides, firstly, that there shall be equality of opportunity for all citizens in matters of employment under the State, secondly that no citizen shall on grounds only of religion, race, caste, sex, descent, place of birth or any of them, be ineligible for any office under the State. The only exception to this provision, is what we have already adopted, “Nothing in this article shall prevent the State……..