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Showing contexts for: Article 338 in Vichitra Banwarilal Meena vs Union Of India (Uoi) And Ors. on 11 August, 1982Matching Fragments
Vldhan Sabha 6,45,11,114 2.98.83,470 45,90,72,582 Lok Sabha Vldhan Sabha Lok Sabha 1971 Census.
Vldhan Sabha 6,44,17,398 3,01,72,221 54,73,61,928 Lok Sabha Vidhan Sabha Lok Sabha Vidhan Sabha 1970.
Lok Sabha Vidhan Sabha Note :-
The above figures of statistics are based on the available reports of tha Scheduled Castes & Scheduled Tribes Commisioner, Government of India published every year under Article 338 of the Constitution and partially on the Government of India Publication Division. Publication (INDIA) of relevant years. The statistios may not be precisely exaot but are almost correct.
27. In order to substantiate my above deductions, the following conclusions from the report of Shri Shisir Kumar, Commissioner of Scheduled Castes and Tribes, under Article 338 of the Constitution, submitted on 29th December, 1977 to the President of India, which I have extracted in my paper, "the slur of un-touchability in India--Scheduled Castes, Scheduled Tribes and Backward Classes Socio-Economic Revolution of Three Decades under Directive Principles of Indian Constitution" in the Seminar organised by the Director, Professor Shri Paras Diwan the Department of Laws, Punjab University, Chandigarh, under the Chairmanship of Shri J.N. Kaushal, M.P., on 28th Feb., 1981 (1) may be taken note of:--
72. In the report of Commissioner for Scheduled Castes and Scheduled Tribes, dated the 15th August. 1972, under Article 338 of the Constitution (Chapter 13 of report of Commissioner, SC & ST dated 15-8-1972; p. 122). it was observed as under:--
"13.7 Originally, the makers of our Constitution had provided for reservations in Parliament and State Legislatures for the Scheduled Castes and Scheduled Tribes for a period of ten years from 26th Jan. 1950. They apparently were under the impression that it would be possible to bring up the Scheduled Castes and Scheduled Tribes, educationally, economically and socially, during this period. Unfortunately that has not happened and the Government has been obliged 'o extend this period of ten years to twenty years in the first inglance and once again to thirty years. It is high time that all possible efforts were made to bring up these people to the general levels in our society in as short a period as possible, so that Government is not obliged again to do the unpleasant duty of extending the reservations for another decade. The political parties can help to a great extent in this endeavour. If all of them make it a point Jo help as many Scheduled Caste . and Scheduled Tribe persons as possible to return to the Lok Sabha and the Vidhan Sabhas against general seats, from their parties, the time will automatically come when the need for separate reservations for them may disappear."
97. And now a back drop of my telltale of woe and suffering of search.
98. Before parting with this judgment. I cannot resist the compelling impulse of mentioning that the echo of atrocities on Scheduled Caste and Scheduled Tribes and usually heard in the halls of Legislatures, where the air atmosphere and walls are blood smeared with cries and tales of their woes and sufferings. The forty-fifth amendment bill was passed by all the 416 Sansads' present in the Lok Sabha in a chorus of "Ayes would have it" with not a single voice OF dissent, as 'noes' drew blank, on 24th January, 1980. But the irony and paradox is that there is no one in the Secretariat of the Vidhan Sabha and not even the committees constituted for Scheduled Castes and Tribes who can preserve the constitutional survey under Article 338 made by the Scheduled Caste and Tribe commissioner from 1952 up to date