/ i '-t' '0 ,f·  , ~ ,  r /' ,  bill no~ '  of 1'78 the constitution (forty-sixth amendment) bnt, '1978 a bill-i fu'l'1hcf' to amend the constitution of india br: it enacted by parliament in the "wenty-nin'th year of the republic of ,india as fodows:-1 (1) this act may be called the constitution (forty-sixth amend- short title men't) act,l97~ bnd s '\~ ': ,', c~npn~ (z) it shall come into force on'such date as the"central gowniment ment  , m,y, by notification in the official g~ette, app'oint ' - '-'/' , : ~ ', "t - ~ , i  i i ' "  " i for artide 318 of theconsutuuon, the,following af~ ~l be substitu-·  tiired,iwiite!y:-  'i" • _ ", , ·l tion ot newarticles for article " i , ' ~ ;"' ,~ 338 10 "338 (1), there shan be a conunillsioft for d,ie seiledaled castes commis- scheduled tribft sian for i ' - scheduled (z) shjeet to the pieiahs 1 ny'law  in tjaiibehall by castes and parut, the commitwfon han eonsist of such penon or persons scheduled  tile rwt -nay aplat and tile eondltlons of sentlc:e ~d tenure tribes   ,  tjae  01: persons so 8ppoidted shnl , s~c:h as the president may by rule detennlne  / __  '( (3) it shall be the duty of the commission-- (a) to investigate all matters relating to the safeguards provided for the scheduled castes and schedujed tribes under this constitution; (b) to submit to the president, at such intervals as he may s direct, reports upon the working of those safeguards; 10 (c) ito make in such reports such recommendations as the commission may deem fit as to the measures that should be taken by the union or any state for the effective implementation of those safeguards; and (d) to discharge such other functions in relation to the protection and advancement of the scheduled castes and scheduled tribes as the president may by rule specify (4) the president shall cause all such reports to be laid before each house of parliament along wilh a memorandum explaining the is action taken or proposed to be taken on the recommendations relating to the union and the reasons for the non-acceptance, if any, of ~~~~~~endation (51) where any such report, or any part thereof, relates to, any matter with which any state gcjvemment is concerned, a copy of 20 such report shall be forwarded ito the governor of the state who ·~hau ~se it tp(~ ~~ bdoi'~ the l~atu~;·~!'~&t,ale~g with a memorandum explaining the action taken or proposed to be taken on the recommendations rela'ting to the state and the reasons for the non-acceptance, if any i of ;any such recommendation 25 (6) in this article, references to \the 'scbeduledcastes and sehed~ t'il?~s shall ~ const111ed as incll\~ing rrefereq~  '0 ~~cr o~her backward classes as the presid{:nt may, on receipt of' m~ ~~$t,9f a commission appointed under clause (1) of article 340, by order ,pecuy> ,, '1,1 30  ~ "!'t' i i i ' i • 338a (1), there shall be a commis8ioft for the minorities to be >,  ,tha· miaodti_ eo-itiru • , , ," ':mtftmitiel comma· 'ion (2) subject to the ptwisions of any law"made:td ~ behaji'b'y ~i~t, the c~oftf' 1mo: egujist ~ bf i  or '  0115 3s as the presidedt may appoint and the conditions of-ice   of otrce of the penon or perioils so iiippointed shall be 111m aa the president may by rule determine (3) it shall be the duty of the commission- l,,(~) tq'i~y,~ti~~te '1,~,~t~r~1 rlj~a~in, t~ th~ ~fe'guards pr() vided for the minorities under this c()!!f!~~t:ui!~r:"  ~! " "" 40 (b) to submit to the president at such intervals 8s he may i' : ' /'·"!dtit;:reportsn the'worwng'ef,u  i1 '; "" "ief to make' iri '~uc'li ~rt's ~t'h" ri!c~imija'tfijft~ "al the i, " :;c;ma~~f'n '~ryj ~~'lw ~~ to·mefhu~a'u~lmft  fiiu~~ken bv the'trnton or any"state' for ~e'fe~~ ··fth~tktn of thole safeguards: and '/1" \,' i·f", i im t',b  " , ~, (d) to dilcbarp lucb other function in relation to the protection of the minoritiel 1 the pre1dent may by rule pec:lfy   s l~ (4) the president shall cause all such reports to be laid before each house of parliament along with 8 mernqrandum explaining the action takea or 'propeiad ,to be' taken fon ii:le i18cojnq!lqndattons relating to the union and the reasons for ,the non-acceptance, if any i of any ij •• -h~datigbl; ',:/,1'11) : 4 t ii , i' > 'i i 'f i ! ' t, 'r ~ - , i i , , '   ! ! 1 '' ",,(~)~,~, ~y such report, or ~qr:;p~ tihere?f, r~~tes ~ ,any 10 (",~ttmilpi4th;(w~:~~jap)' stategvc;r~entis; cpncemed, a copy of  such ~~u,be, f~at~ ,tothe,lpc>vernor ot the shlte who ,: shau,~ ~ ~ be laid,before the i,egislature qf, tjle sta~ $,~g witj\li f8 ~~i;1(l~",~~! ~ p"pon taken or propo~ ~obe, ', i~',od ~",~~~atiq~'relatijlgl~'~ sta~e and tharreasons "  fqr,t~ noj,l~eptan~, if ad)"of any, sllch j'8comm~ndatiqd" , ' i) , :   t" \ 1) , 15 3 ~ticjlt 3~~ qt ~e ,cons~uution sml\be ofll:itted omislion of article 35gb  statement of :objects t\nd b&asonsarticle 338 of the constitution provides that there shall "a special officer for the scheduled castes and scheduled tribes whose duty it shall be to investigate all matters relating to the safeguatda' provided for the scheduled castes and scheduled tribes under the constitution add to report upon the working of those safeguards at prescribed intervals acoordlngly, the president has appointed a special ofbcer designated as the commissioner for the scheduled castes and scheduled tribes however considering the magnitude of the problem, it has been felt ,that instead of having one ofllcer reporting on the safeguards, it will inspire greatet confidence if the matters relating to the scheduled castes and the scheduled tribes are entrusted to a commission consisting of persons of eminence and status , " 2 similarly, the constitution provides in article 350b fw a special officer for linguistic minorities the government are of the view that appointment of a commission to safeguard the interefits of au minorities, whether based on religion or language, ""ould provide a more satisfactory institutional arrangement for achieving the desired objective a minorities commission was, therefore, set up by an execu1live order such a commission would, if set up in pursuance of constitutional provisions, inspire greater confidence among ithe minorities 3 it is, therefore, proposed to amend the constitution to substitute for article 338 t~ new articles ,to provide for the aforementioned commissions and to omit article 350b 4 'the bill seeks to achieve the above objects new delhi; the 20th july, 1978 dhanik lal mandal clause 3 of the bill seeks to suhsti'tute for article 338 new articles 338 and 338a ,~ new artiele 338 providet for a commission for the' scbed8jed castes and scheduled tdbea in plaee of the- special oftider for the scbe-'i " , duled castes and scheduled tribes it is proposed to merge the existing organisation of the commlsslotler for the seheduled castes and sehedilled triljes with the proposed new ccimmidion 'even 80, the provtsiolll of new article '338 wfll inv~lv~' atidittonal'experidlture as the commislicm will be a multi-member commission p'urtber-, it wi'll be necessary uaugment the strength of the existing organilation of the commissioder for the scheduled castes and scheduled tribes the details of the additional staft requirements and t4e organisational set up ,of ,the commi•n fortha, scheduled castes and scheduled tri6es wo~d be settled after the commission is set up it is therefore, not po~ to give a precise estimate of the additional expenditure involved, at thi&, ,tage it is, however, estimated that the non-recurring expenditure which may be lnvolv"; ed would be about rs 43 lakhs and the recurring exptenditure would be about rs 57 lakhs per annum 3 new article 338a provides for a commission for the minorities in place of the special officer for ltnguistie minorities: under article' blob even now a minorities commission set up by an executive order is functioning the office of the commissioner for linguistic minorities, which came into existence in 1957 will stand abolished with the setting up of the minorities commission under new article 338a it is estimated that the non-recurrins expenditure'in respect of the minorities commission is likely to be of the order of its 631akhs while the recurring expenditure is likely to be rs 82 lakhs per annum 4 the provisions of the bill do not involve any other expenditure at a recurring or non-rec,urring nature - - - - - special ofticerfor scbeduled castel, scheduled tribes, etc -(1) there hall: be a: special ofilcer·for the scheduled castes add scbeduled, tribee to: 1m rppotirted by the pr_c:tnt , ' ,,' ,'" ,!, ' (2), l\sbajl, lpe lbe duty of ule s~~ial0ftwet "tol mv~tigate ajv 'aat~ra re"'tins te ,~ ~g\lard,: provi4e4 fpr the $chequled castes nml"sc~, j duj,4, ~ i ~r this coi\s~tuti~m an4 fr,~ 'to the p~d~t upon the, wc4'~ of ,~oae,8fe~& at such in~8s the, pres~ent may dir~ ad4, tb,e piasidel1-t, ~ ci,use ,all ,such, i reporta 'to be laid befofc!" e8ch,~ouae of par~t (~)' 'in this artiele refereneesto the scheduled cm~ and'sebeduled tribes" shan be constraed 85 ine1ucttft; 'ref'ere~ to such other bac~ classes' as the president may, on receipt of the report qf 8 commission appointed tinder danse (1) of article 340, by order specify and abo to the 'at:t,glo-indtan community ' - - - - - 'lie (1) there shall, be a, special qlicer for unguist;icminoriue,a to be appointed, by the president special oftlcer for linguistic minorities t; i ,  '  , ' - i , t • ••• , (2) it sllal\ be, th~, duty ,i?~ thelspeci~ officer ~ investigate all matters "eli,wlg ,to ,,ule sate~ar~prov~ fw;, ii~istic min()rities under, thi~ con$1~~uuon ab~ repql1 to t~ president upon tbc)8e ~tters at "uch ,i,ntervaji, ai, the ~t, lilay ~t, apd; the ~en~ ,pan ca~ all s~ch reports to be laid before each houseotparuip~nt, cd sent to tpe ~v­ernments of the states concerned - - /" - ,i '  ' ' -" a - bill  further to amend the constitution of india, (shri dhcmtjc leal ita"", mitlbte, of state in the minilt'1l of home a'a;"',) 