PART 16: Constitution Of India

PART XVI: SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.

• Clause (1):
  • Plain English: This article mandates the “reservation” (setting aside) of seats in the Lok Sabha (the House of the People) for:
    • (a) The Scheduled Castes (SCs).
    • (b) The Scheduled Tribes (STs) (except for those in the autonomous districts of Assam).
    • (c) The Scheduled Tribes (STs) in the autonomous districts of Assam.
• Clause (2):
  • Plain English: This explains the formula for calculating how many seats are reserved. The number of seats reserved for SCs or STs in a state must be in the same proportion to the total number of Lok Sabha seats in that state…
  • …as the population of the SCs or STs in that state…
  • …bears to the total population of that state.
• Real-World Example: The population of Scheduled Castes in State “X” is 20% of the state’s total population. The state has 10 total Lok Sabha seats. Therefore, 20% of the seats (2 seats) must be reserved for SCs. The Election Commission (during delimitation) will declare two specific constituencies as “SC Reserved.”
• Clause (3):
  • Plain English: This is a special rule for the autonomous districts of Assam, ensuring their ST population gets representation.
• Explanation:
  • Plain English: This states that “population” means the population as recorded in the last census. The proviso (added later) freezes the population base used for calculating these reserved seats to the 2001 census (this freeze lasts until after 2026).

Article 331: Representation of the Anglo-Indian community in the House of the People.

• Plain English: This article gave the President a special power. If the President believed that the Anglo-Indian community was not adequately represented in the Lok Sabha (the House of the People), they could nominate (appoint, not elect) not more than two members of that community to the Lok Sabha.
• Status: This provision was not extended by the 104th Amendment Act, 2019. Therefore, the power to nominate Anglo-Indian members to the Lok Sabha ceased to exist after the 17th Lok Sabha (which was elected in 2019) dissolved. It is now only of historical importance.

Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.

• Clause (1):
  • Plain English: This is the main rule for state-level reservations. It mandates that seats shall be reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Legislative Assembly (Vidhan Sabha) of every state.
  • Exception: The reservation for STs does not apply to the STs living in the “autonomous districts of Assam” (who get their own special representation under Clause 2).
• Clause (2):
  • Plain English: This sets a separate rule for Assam. Seats shall also be reserved for the autonomous districts in the Legislative Assembly of Assam.
• Clause (3):
  • Plain English: This is the formula for calculating how many SC/ST seats to reserve (in Clause 1). The number of reserved seats for SCs or STs in a state must be in the same proportion to the total seats in the Assembly…
  • …as the population of the SCs or STs in that state…
  • …bears to the total population of that state.
  • Real-World Example: The ST population of State “Y” is 30% of the state’s total population. The state’s Assembly has 100 total seats. Therefore, 30% of the seats (30 seats) must be reserved for STs.
• Clause (3A):
  • Plain English: This was a special, temporary provision for the states of Arunachal Pradesh, Meghalaya, Mizoram, and Nagaland, inserted in 1987. It “froze” the number of ST reserved seats based on the (then-existing) Assembly’s composition, until a proper delimitation could be done. This is largely of historical importance as delimitations have since been updated.
• Clause (3B):
  • Plain English: This was another special provision, added in 1992, that did the same thing for the state of Tripura. It froze the number of ST reserved seats based on the 1992 Assembly’s composition until the post-2000 census delimitation.
• Clause (4):
  • Plain English: This is the formula for Assam’s autonomous districts (from Clause 2). The number of reserved seats for an autonomous district must be proportional to its population relative to the total population of Assam.
• Clause (5):
  • Plain English: This clarifies that the constituencies reserved for an autonomous district in Assam cannot include any area outside that district.
• Clause (6):
  • Plain English: A person who is not an ST member from an autonomous district cannot run for election from a constituency reserved for that district.
  • Proviso: This is a special rule for the Bodoland Territorial Areas District in Assam. It states that the representation for STs and non-STs in the constituencies that existed before Bodoland was formed must be maintained.

Article 333: Representation of the Anglo-Indian community in the Legislative Assemblies of the States.

• Plain English: This gave the Governor of a state a special power. If the Governor believed that the Anglo-Indian community was not adequately represented in the state’s Legislative Assembly, they could nominate one member of that community to the Assembly.
• Status: Just like Article 331, this provision was not extended by the 104th Amendment Act, 2019. The power to nominate an Anglo-Indian member to any State Assembly is now no longer in effect.

Article 334: Reservation of seats and special representation to cease after…

This is the “sunset clause” that makes reservations temporary. It has been amended multiple times to extend the deadline.

• Plain English: This article states that the provisions for reservation (in Articles 330, 332, 333) will stop having effect after a certain period. As of the 104th Amendment Act, 2019:
  • (a) Reservation for SCs and STs: This shall cease eighty years from the commencement of the Constitution (i.e., these reservations are currently set to expire on January 25, 2030, unless extended again).
  • (b) Nomination for Anglo-Indians: This was set to cease seventy years from the commencement (i.e., on January 25, 2020). The 104th Amendment did not extend this deadline.
• Key Takeaway: The 104th Amendment extended the SC/ST reservations until 2030 but allowed the Anglo-Indian nominations to expire in 2020.
• Proviso:
  • Plain English: This says that when a “sunset” deadline is reached, it does not affect the composition of the current Lok Sabha or Assembly. The reservations only end at the next election held after the deadline.

Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts.

• Plain English: This is the constitutional basis for reservations in government jobs. It states that the “claims” of SCs and STs must be “taken into consideration” when making appointments to Union or State government jobs.
• The “Balancing Act”: This consideration must be “consistent with the maintenance of efficiency of administration.” This phrase is the source of all legal debate about reservations versus merit.
• Proviso (added by 82nd Amendment):
  • Plain English: This is a crucial exception. It clarifies that “efficiency of administration” does not stop the government from making any provision (e.g., a rule) in favor of SCs/STs for:
    1. Relaxing qualifying marks in any examination.
    2. Lowering the standards of evaluation.
  • …for the purposes of reservation in promotions.
  • Real-World Example: The government sets the passing score in a departmental exam at 45% for general candidates but 40% for SC/ST candidates. This proviso gives the constitutional backing to do so.

Article 336: Special provision for Anglo-Indian community in certain services.

• Plain English: This was a temporary “grandfather” clause for the Anglo-Indian community, which had a special quota in certain services under the British (like Railways, Customs, and Postal services).
• Clause (1): It said that for the first two years after 1950, they would get the same number of reserved posts as before. Then, the number of reserved posts would be reduced by 10% every two years. This reservation was set to stop completely 10 years after the Constitution began (i.e., in 1960).
• Clause (2): It clarified that this reservation did not stop Anglo-Indians from competing for other non-reserved jobs on the basis of their own merit.
• Status: This article is now only of historical importance and is no longer operative.

Article 337: Special provision with respect to educational grants for the benefit of Anglo-Indian community.

• Plain English: This was another temporary “grandfather” clause. It guaranteed that for the first three years after 1950, Anglo-Indian educational institutions would receive the same government grants as they did before 1950.
• Provisos: The grant would then be reduced by 10% every three years and would stop completely after 10 years (i.e., in 1960). It also added a rule that these schools would only get the grant if they made at least 40% of their admissions available to students from other communities (i.e., non-Anglo-Indians).
• Status: This article is also now only of historical importance and is no longer operative.

Article 338: National Commission for Scheduled Castes.

(This article was heavily amended by the 65th and 89th Amendments. This is the breakdown of its current form, which focuses only on Scheduled Castes.)

• Clause (1) & (2):
  • Plain English: This establishes a powerful, independent body called the “National Commission for the Scheduled Castes (NCSC).” It will be composed of a Chairperson, Vice-Chairperson, and three other Members. Their service conditions and tenure are decided by the President.
• Clause (3) & (4):
  • Plain English: The members are appointed by the President. The Commission has the power to set its own internal working rules.
• Clause (5):
  • Plain English: This lists the duties of the NCSC. Its job is to:
    • (a) Investigate and monitor all matters related to the legal “safeguards” provided for SCs (e.g., reservation laws, prevention of atrocities) and evaluate how they are working.
    • (b) Inquire into specific complaints from SC individuals about the “deprivation of their rights.”
    • (c) Participate and advise on the “planning process” for the socio-economic development of SCs.
    • (d) Present an annual report (or other reports) to the President about how the safeguards are working.
    • (e) Make recommendations in its reports about what the Union or States should do to improve the protection, welfare, and development of SCs.
    • (f) Perform any other functions related to SC welfare that the President may assign.
• Clause (6) & (7):
  • Plain English: This explains what happens to the NCSC’s report.
    • (6) The President must lay the report before Parliament, along with a government memorandum (“action taken report”) that explains why it is not accepting any of the NCSC’s recommendations.
    • (7) If a report concerns a State, the Governor must lay it before the State Legislature, along with a similar memorandum explaining why the state is not accepting any recommendations.
• Clause (8):
  • Plain English: This gives the NCSC the power of a civil court when it is investigating a complaint. This includes the power to:
    • (a) Summon and enforce the attendance of any person (e.g., a DM or SP) and examine them under oath.
    • (b) Require the discovery and production of any document (e.g., a government file).
    • (c) Receive evidence on affidavits.
• Clause (9):
  • Plain English: The Union and every State Government must consult the NCSC on “all major policy matters” that affect Scheduled Castes.
• Clause (10):
  • Plain English: This is a historical holdover. It says that in this article, all references to “Scheduled Castes” should also be read as including “such other backward classes” (OBCs) as the President may specify, and also the “Anglo-Indian community.”
  • Key Detail: This means the NCSC (not the NCBC) is still the constitutional body for investigating complaints and safeguards for the Anglo-Indian community. (The “OBC” part was superseded by the creation of the National Commission for Backward Classes, NCBC, as a constitutional body under Art. 338B).

Article 339: Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes.

• Clause (1):
  • Plain English: The President can (at any time) and must (at the end of 10 years from 1950) appoint a Commission to report on the administration of “Scheduled Areas” (under the Fifth Schedule) and the welfare of Scheduled Tribes (STs).
• Clause (2):
  • Plain English: This gives the Union (central) government the executive power to give formal directions (orders) to a state government on how to draw up and execute schemes that are “essential for the welfare of the Scheduled Tribes” in that state.
  • Real-World Example: The Union Ministry of Tribal Affairs sees that a state is failing to implement a tribal health scheme. It can, under this article, issue a formal “direction” to the state’s Chief Secretary, ordering them to execute the scheme properly. This is a significant central power.

Article 340: Appointment of a Commission to investigate the conditions of backward classes.

• Clause (1):
  • Plain English: This gives the President the power to appoint a Commission (like the NCSC/NCST) to investigate the conditions of “socially and educationally backward classes” (OBCs).
  • The Commission’s Job: To identify these classes, investigate the difficulties they face, and make recommendations on the steps (e.g., reservations, grants) that the Union or States should take to improve their condition.
• Clause (2):
  • Plain English: The Commission must investigate and present its report to the President.
• Clause (3):
  • Plain English: The President must lay this report (along with the government’s “action taken” memorandum) before both Houses of Parliament.
• Real-World Example: This is the article that was used to appoint the First Backward Classes Commission (Kaka Kalelkar Commission) in 1953 and, most famously, the Second Backward Classes Commission (B.P. Mandal Commission) in 1979. The Mandal Commission’s report (submitted in 1980 and laid before Parliament) became the basis for implementing 27% reservation for OBCs in central government jobs.

Article 341: Scheduled Castes.

• Clause (1):
  • Plain English: This article explains how a community is officially declared a “Scheduled Caste” (SC). The President of India (after consulting with the Governor of a state) can issue a public notification (a “Presidential Order”) that specifies which “castes, races or tribes” are to be deemed Scheduled Castes in that particular state or union territory.
  • Real-World Example: The President issued “The Constitution (Scheduled Castes) Order, 1950.” This is the master list that specifies, state by state, which communities are to be recognized as SCs and are eligible for reservations. For example, it lists the “Chamar” community in Uttar Pradesh and the “Mahar” community in Maharashtra as Scheduled Castes.
• Clause (2):
  • Plain English: This is a crucial rule. Once the President’s list (from Clause 1) is notified, it cannot be changed by any subsequent notification from the President. The only way to add a new community to the list or remove an existing community from the list is by a law passed by Parliament.
  • Real-World Example: A community in a state, “Community X,” demands SC status. They must lobby the state government, which then recommends it to the Union government. The Union Cabinet must then introduce a “Constitutional (Scheduled Castes) Order, Amendment Bill” in Parliament. If that bill is passed by both the Lok Sabha and Rajya Sabha, “Community X” is officially added to the list. A state legislature cannot do this.

Article 342: Scheduled Tribes.

• Plain English: This article is the exact same as Article 341, but it applies to “Scheduled Tribes” (STs).
• Clause (1):
  • Plain English: The President (after consulting the Governor) issues a public notification specifying which “tribes or tribal communities” are to be deemed Scheduled Tribes in that particular state or union territory.
  • Real-World Example: The President issued “The Constitution (Scheduled Tribes) Order, 1950.” This master list recognizes communities like the “Gonds” in Central India or the “Santhals” in Eastern India as Scheduled Tribes.
• Clause (2):
  • Plain English: Just like the SC list, this ST list can only be amended (communities added or removed) by a law passed by Parliament.
  • Real-World Example: If the “Koli” community in a state wants to be moved from the OBC list to the ST list, the state government must recommend it, and then the Union government must pass a “Constitutional (Scheduled Tribes) Order, Amendment Bill” in Parliament.