 bill no 38 of 2011 the constitution (amendment) bill, 2011byshri pl punia, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-second year of the republic of india as follows:— short title1  this act may be called the constitution (amendment) act, 2011 2  after article 16 of the constitution, the following article shall be inserted, namely:—insertion ofnew article16aopportunity for persons belonging to the scheduled scheduled tribes in private sectorexplanation:—in this article, "private enterprise" means any private enterprise or organization whose annual turnover is not less than rupees twenty croreamendment of article 3353 in article 335 of the constitution, the words "consistent with the maintenance of efficiency of administration" shall be omitted statement of objects and reasonsthe framers of the constitution felt that unless special provisions were made for the protection of the rights of scheduled castes and scheduled tribes to secure fair representation in public employment in proportion to their population, they would never be possible to catch up and compete successfully for securing public employment therefore, to secure fair representation of scheduled castes and scheduled tribes in services and posts under the state, special provisions of reservation and other welfare measures under articles 15(4), 16(4), 16 (4a), 16(4b), 46 and article 335 of the constitution were madeit has been observed that even after sixty-three years of independence and with the facilities of aforesaid provisions, the representation of the scheduled castes and the scheduled tribes in various departments and public sector undertakings of government of india has not reached the prescribed level of reservation ie, 15 per cent for scheduled castes and 75 per cent for scheduled tribes a substantial shortfall of scheduled castes in group a and b category and scheduled tribes in almost all categories of posts is noticed; the postwise analysis has indicated that percentage of representation of these communities in higher posts is far below the requirement the reservation for scheduled castes and scheduled tribes in services, though constitutionally guaranteed, has become a farce due to the frequent and unwarranted interference on the part of administrators and also judiciaryone of the main reasons for non-implementation of reservation policy effectively has been invented, by the persons in authority, in the provisions of article 335 wherein the words "consistent with the maintenance of efficiency of administration" have been read emphatically and eloquently than the article as a whole with a view to find a leeway for denial of reservation to the persons belonging to the scheduled castes and scheduled tribes in services and posts under the state such dubious interpretation of this lucidly worded article has obliterated and stolen the plain meaning of article 335 of the constitution moreover, these words are no longer relevant at the time when suitable, efficient, eligible candidates with sound educational background are available from the scheduled castes and scheduled tribes categories now, these people want their full representation not only reservation in posts and services under the states therefore, these words should be omitted from the article 335 of the constitution so that there is no scope of denying benefits to the scheduled castes and the scheduled tribes on this groundat present, job opportunities in government sector are very limited due to increasing privatization of services in each sector today, most of the job opportunities are available in private sector but there is no reservation policy in existence even though they are supposed to share and contribute to discharge their social responsibility it may be seen that there is nothing private in the private sector because most of the players in private sector have availed loan up to ninety-five percentage of the cost of their establishment from the nationalized banks and financial institutions to carry out their business loan raised by them is public money which is being utilized for promoting private interests without any social responsibility therefore, it becomes imperative for the state to encourage private sector to provide reservation in favour of persons belonging to the scheduled castes and scheduled tribes in order to fulfil their social obligationthe bill seeks to amend the constitution with a view to:—(i) enable the state to take steps to encourage private sector to provide reservationin favour of persons belonging to the scheduled castes and scheduled tribes in their establishments; and(ii) omit the words 'consistent with the maintenance of efficiency of administration'from article 335 remove any hindrance in the way for implementation of reservation policy effectively;in order to safeguard the interests of persons belonging to the scheduled castes and scheduled tribes ensured in the various provisions of the constitution and to secure them social justice and giving opportunities to have a share in the governance and administration of the countryhence this billnew delhi;p l puniajuly 14, 2011 annexure extract from the constitution of india      335 the claims of the members of the scheduled castes and the scheduled tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs to the union or of a state:claims of scheduled castes and scheduled tribes to services and postsprovided that nothing in this article shall prevent in making of any provision in favour of the members of the scheduled castes and the scheduled tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the union or of a state        lok  sabha————— a billfurther to amend the constitution of india—————(shri pl punia, mp)gmgipmrnd—536ls(s3)—01-08-2011