Reservation for SCs & STs in Legislature

Ensuring Inclusive Governance & Social Justice in India's Democracy

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Introduction & Summary

The Indian Constitution provides for reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies. This affirmative action, enshrined in Articles 330 and 332, is a crucial constitutional commitment to ensuring their adequate political representation and facilitating their participation in the democratic process, thereby promoting social justice. Originally conceived as a temporary measure for ten years, these reservations have been successively extended by constitutional amendments, most recently by the 104th Amendment Act, 2019, underscoring their continued necessity in addressing historical disparities and ensuring inclusive governance.

Core Constitutional Provisions

21.2.1: Reservation in Lok Sabha (Article 330)

  • Reserved Seats: Article 330 mandates that seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the House of the People (Lok Sabha).
  • Proportional Representation: The number of seats reserved in any State or Union Territory shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State or Union Territory in the House of the People as the population of the Scheduled Castes or of Scheduled Tribes in the State or Union Territory bears to the total population of the State or Union Territory. This ensures proportional representation based on population ratios.
  • Joint Electorate: The reserved seats are not elected by a separate electorate (where only SC/ST voters would vote for SC/ST candidates). Instead, the elected members for these reserved seats are chosen by all voters in that constituency (a joint electorate), although only an SC/ST candidate (as applicable) can contest from that seat. This aims to foster broader accountability of the elected representative to all sections of the constituency. Source: The Constitution of India - Article 330, Laxmikanth's Indian Polity

21.2.2: Reservation in State Legislative Assemblies (Article 332)

  • Similar Provisions: Article 332 makes similar provisions for the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly of every State.
  • Proportional Representation: The number of seats reserved in each State Assembly for SCs and STs is also based on their proportionate population in that State.
  • Special Provisions for Assam's Autonomous Districts: Special provisions are made for the reservation of seats for Scheduled Tribes in the autonomous districts of Assam (under the Sixth Schedule). This ensures their representation in the state legislature beyond the general ST quota. Source: The Constitution of India - Article 332

21.2.3: Duration of Reservation (Article 334)

Jan 26, 1950

Constitution Commences

Article 334 originally stipulated that reservation of seats for SCs and STs (and Anglo-Indians by nomination) would cease after 10 years from the commencement of the Constitution.

1960 - 2009

Successive Extensions

Recognizing continued social and educational backwardness and inadequate representation, these reservations have been extended successively for 10-year periods by various constitutional amendment acts.

  • 8th Amendment Act, 1959 (till 1970)
  • 23rd Amendment Act, 1969 (till 1980)
  • 45th Amendment Act, 1980 (till 1990)
  • 62nd Amendment Act, 1989 (till 2000)
  • 79th Amendment Act, 1999 (till 2010)
  • 95th Amendment Act, 2009 (till 2020)
Jan 25, 2030

Latest Extension (104th Constitutional Amendment Act, 2019)

This Act extended the reservation for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Assemblies for another ten years (i.e., until January 25, 2030).

Anglo-Indian Discontinuation:

Importantly, this amendment did not extend the reservation for the Anglo-Indian community by nomination in the Lok Sabha (Article 331) and State Assemblies (Article 333), effectively discontinuing it.

Source: The Constitution of India - Article 334, 104th Constitutional Amendment Act, 2019, Laxmikanth

21.2.4: Delimitation of Reserved Constituencies

  • Delimitation Commission: The task of delimiting electoral constituencies, including those reserved for SCs and STs, is carried out by the Delimitation Commission (appointed by the President). The Commission ensures that reserved seats are allocated to areas where the population of SCs or STs (as the case may be) is substantial.
  • Rotation of Reserved Seats: While there is a provision for the rotation of reserved seats for SCs and STs to ensure that different areas get a chance to have a reserved seat, it is not consistently practiced for SC/ST seats in the same way as for, say, reservation in Panchayats. Often, SC reserved seats tend to be in areas with a high concentration of SC population, and ST reserved seats in tribal-dominated areas. However, there is a legal mandate for the Delimitation Commission to make these seats rotate to avoid creation of 'permanent' reserved constituencies, where possible. Source: Delimitation Act, 2002, Election Commission of India, Laxmikanth

Reservation in Legislatures: Key Articles at a Glance

Aspect Lok Sabha (Art 330) State Legislative Assemblies (Art 332) Duration (Art 334)
Reserved For Scheduled Castes (SCs) and Scheduled Tribes (STs) Scheduled Castes (SCs) and Scheduled Tribes (STs) SCs/STs reservation: Originally 10 years (till 1960). Extended successively. Latest (104th Amd, 2019): Extended till Jan 25, 2030.
Basis of Reservation Proportionate to their population in State/UT. Proportionate to their population in State. Anglo-Indian reservation (by nomination): Discontinued by 104th Amd, 2019.
Electorate Joint electorate (all voters in constituency vote). Joint electorate. —
Special Provision None mentioned specifically beyond general. Special provisions for autonomous districts of Assam. —
Delimitation Seats identified and reserved by Delimitation Commission. Seats identified and reserved by Delimitation Commission. —

Analytical & Evaluative Insights

Major Debates/Discussions

  • Continued Necessity: Debate on whether reservations still serve their original purpose after 75 years, or if persistent socio-economic backwardness justifies extension.
  • Impact of Joint Electorate: Critics argue it can lead to selection of candidates palatable to majority voters rather than true representatives of SC/ST interests.
  • "Creamy Layer" for Political Reservations: Though not constitutionally provided, debate exists on applying this concept to political reservations (unlike services).
  • Rotation of Reserved Seats: Non-consistent practice raises concerns about 'permanent' reserved constituencies, potentially impacting aspirations of general candidates.
  • Women's Reservation Bill: Includes sub-quotas for SCs/STs, adding new dimensions to political representation debates, subject to future delimitation.

Historical/Long-term Trends

  • From Separate to Joint Electorates: A fundamental shift from the Poona Pact (1932) where Gandhi opposed separate electorates, leading to the joint electorate system in GoI Act, 1935, and then the Indian Constitution.
  • Continuous Extension: Reflects the persistent challenge of achieving true social equality and adequate representation despite significant economic progress.
  • Evolving Demands: Demands from other groups (e.g., OBCs for legislative reservations, beyond local bodies) indicate a broader evolving landscape of representation claims.

Contemporary Relevance & Impact

  • Ensuring Political Voice: Guarantees a platform for SCs and STs in legislative bodies to raise concerns and influence policymaking.
  • Social Justice: A crucial instrument for justice, fostering leadership from historically marginalized communities.
  • Inclusive Democracy: Contributes to a more representative and robust democratic framework.
  • Anti-Discrimination: Helps counter historical discrimination by ensuring elected representatives from these communities.
  • Impact on Legislation: Ensures laws consider perspectives and needs of SCs/STs.

Real-world Examples & Recent Developments

  • 104th Amendment Act, 2019:

    Its passage confirmed the continued necessity of these reservations until 2030, reflecting broad parliamentary consensus on the issue.

  • Women's Reservation Bill, 2023:

    This landmark bill includes a provision for sub-reservation for SCs/STs within the women's quota, adding a new dimension to political representation, subject to future delimitation.

  • Delimitation in J&K (2022-23):

    The Delimitation Commission's report for J&K included reservation of 9 seats for STs (for the first time) and 7 seats for SCs in the J&K Legislative Assembly, in line with constitutional provisions.

  • Challenges in ST Representation:

    Data sometimes suggests that STs struggle to get elected from general seats, underscoring the continued importance of reserved constituencies.

UPSC Previous Year Questions (PYQs)

UPSC CSE 2019: Which of the following constitutional amendments extended the reservation for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Assemblies for another ten years?

Options:

  1. 100th Constitutional Amendment Act
  2. 101st Constitutional Amendment Act
  3. 102nd Constitutional Amendment Act
  4. 104th Constitutional Amendment Act

Answer: (d)

Hint/Explanation: The 104th Amendment Act, 2019, extended these reservations (and discontinued Anglo-Indian nomination).

UPSC CSE 2021: Consider the following statements regarding reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha:
  1. The number of seats reserved for SCs and STs in any State or UT shall be in proportion to their population in that State or UT.
  2. The members for these reserved seats are elected by a separate electorate.

Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer: (a)

Hint/Explanation: Statement 1 is correct (Art 330). Statement 2 is incorrect; they are elected by a joint electorate, not a separate electorate.

UPSC CSE 2014: Which of the following is/are the functions of the Delimitation Commission?
  1. To determine the boundaries of constituencies.
  2. To determine the number of seats for each constituency.
  3. To identify the constituencies reserved for Scheduled Castes and Scheduled Tribes.

Select the correct answer using the code given below:

  1. 1 only
  2. 1 and 2 only
  3. 2 and 3 only
  4. 1, 2 and 3

Answer: (d)

Hint/Explanation: All three are core functions of the Delimitation Commission, crucial for the implementation of legislative reservations.

UPSC CSE 2015, GS Paper II: "Discuss the special provisions made for the Scheduled Castes and Scheduled Tribes in the Constitution of India. Critically evaluate the effectiveness of these provisions in achieving social justice." (250 words)

Direction/Value Points:

  • Introduction: Briefly state the constitutional commitment to social justice for SCs/STs.
  • Special Provisions: Legislative Reservation (Articles 330, 332), Reservation in services (Art 16(4), 335), Educational safeguards (Art 15(4)), Protective measures (Art 17, PoA Act, PESA/FRA), Institutional mechanisms (NCSC, NCST).
  • Effectiveness (Positive): Political Empowerment, Social Mobility, Legal Protections, Awareness.
  • Effectiveness (Critical Evaluation/Challenges): Persistence of Disparities, Implementation Gaps, Quality of Representation, Creamy Layer Debate (general issue), Dependence on Extensions, Continued Atrocities.
  • Conclusion: While foundational and empowering, true social justice requires addressing deep-rooted societal issues and effective implementation.
UPSC CSE 2020, GS Paper II: "The 104th Constitutional Amendment Act, 2019, extended the reservation for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Assemblies for another ten years. Critically analyze the rationale behind this continued extension and discuss its implications for Indian democracy." (250 words)

Direction/Value Points:

  • Introduction: State the 104th Amendment's key provision.
  • Rationale for Continued Extension: Persistent Social & Economic Backwardness, Inadequate Representation, Continuing Discrimination, Political Underdevelopment, Unfulfilled Goals.
  • Implications for Indian Democracy: Inclusive Democracy, Social Justice, Accountability, Debate on 'Temporary' vs. 'Permanent', Increased Political Competition, Symbolic Value.
  • Conclusion: Extension reflects continuing need for affirmative action to achieve substantive equality; vital for robust participation.
UPSC CSE 2023, GS Paper II: "The Women's Reservation Bill, 2023 (Nari Shakti Vandan Adhiniyam) is a landmark step towards gender equality. Discuss its implications for the political representation of Scheduled Castes and Scheduled Tribes, particularly in light of existing constitutional provisions." (250 words)

Direction/Value Points:

  • Introduction: Introduce Women's Reservation Bill (33% quota for women) as landmark.
  • Implications for SC/ST Political Representation: Sub-Reservation (explicit inclusion for SC/ST women), Enhanced Representation for SC/ST Women (guaranteed minimum), Dual Empowerment, Delimitation Link (contingent on next Census), Rotation.
  • In Light of Existing Constitutional Provisions: Article 330 & 332 (Bill builds upon existing framework, adding gender dimension), Article 334 (existing 10-year extension cycle remains).
  • Conclusion: Progressive measure enhancing SC/ST political representation by ensuring direct gender representation, moving towards intersectional inclusivity.