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Report No. 145

5.6. Inter-connection between the arguments.-

For the sake of convenience, in the above paragraphs, the various points of importance have been mentioned under different heads. But this need not make us oblivious to the fact, that they are all inter-connected with each other; and the whole case for the introduction of an amendment to; Article 12 (as put by those who argue for it) can be summed up in the broad proposition that-

(a) proper functioning of the public sector undertakings pre-supposes that such functioning should not be hedged in by constraints of the nature that flow from the applicability or Article 12 of the Constitution to public sector undertakings;

(b) the principal beneficiaries of the present position are employees of the higher level or middle level, prospective contractors and actual contractors with these undertakings, on whom a special benefit is conferred which is not enjoyed by those who are employed under, or have commercial dealings with, undertakings in the private sector or private individuals.

Article 12 of the Constitution and Public Sector Undertakings Back

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