Special Provisions for Social Justice

Exploring Part XVI of the Indian Constitution: Articles 330-342A

Dive In View Provisions

Introduction & Overview

Part XVI of the Indian Constitution (Articles 330-342A) lays down special provisions for certain classes, reflecting the nation's commitment to affirmative action and social justice. These provisions are primarily designed to address the historical disadvantages faced by Scheduled Castes (SCs) and Scheduled Tribes (STs), ensuring their political representation, protection from exploitation, and participation in public services.

While mechanisms like reservations in legislative bodies and claims to services are central, the establishment of National Commissions for SCs, STs, and OBCs provides institutional safeguards. This framework, periodically adapted through amendments, aims to bring about an inclusive and equitable society, though debates persist on its implementation and efficacy.

Core Constitutional Provisions

Article 330 (Lok Sabha): Provides for the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha. The number of seats reserved is proportionate to their population in the respective states or Union Territories.

Article 332 (State Legislative Assemblies): Provides for the reservation of seats for SCs and STs in the Legislative Assemblies of the states. The number of seats reserved is proportionate to their population in the state.

Duration: Originally, these reservations were for a period of 10 years from the commencement of the Constitution. They have been extended periodically by constitutional amendments. The 104th Constitutional Amendment Act, 2019, extended this reservation for another 10 years, until January 25, 2030.

Source: The Constitution of India, Art 330, 332; M. Laxmikanth, 'Special Provisions Relating to Certain Classes'.

Article 331 (Lok Sabha): Originally, the President could nominate not more than two members of the Anglo-Indian community to the Lok Sabha if he was of the opinion that they were not adequately represented.

Article 333 (State Legislative Assemblies): Originally, the Governor could nominate one member of the Anglo-Indian community to the Legislative Assembly of the state if he was of the opinion that they were not adequately represented.

Discontinuation: The 104th Constitutional Amendment Act, 2019, which came into force on January 25, 2020, discontinued this provision for nomination of Anglo-Indian members to the Lok Sabha and State Assemblies.

Source: The Constitution of India, Art 331, 333; 104th Amendment Act, 2019.

Article 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 of the Union or of a State.

Proviso (82nd Amendment, 2000): A proviso was added by the 82nd Constitutional Amendment Act, 2000, which states that nothing in this article shall prevent the State from making any provision for relaxing the 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 for SCs/STs.

Source: The Constitution of India, Art 335; M. Laxmikanth.

These commissions are constitutional bodies providing institutional safeguards for SCs, STs, and OBCs.

  • National Commission for Scheduled Castes (NCSC): Article 338. (Bifurcated by 89th Amdt, 2003).
  • National Commission for Scheduled Tribes (NCST): Article 338A. (Created by 89th Amdt, 2003).
  • National Commission for Backward Classes (NCBC): Article 338B. (Constitutionalized by 102nd Amdt, 2018).

Source: The Constitution of India, Art 338, 338A, 338B. (Cross-reference to Module 8).

Article 339: The President may at any time, and shall at the expiration of ten years from the commencement of the Constitution, appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States. (e.g., Dhebar Commission, 1960).

Executive Power: The executive power of the Union extends to giving directions to a State as to the drawing up and execution of schemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State.

Source: The Constitution of India, Art 339.

Article 340: The President may appoint a Commission to investigate the conditions of Socially and Educationally Backward Classes (SEBCs) in the Union and States and the difficulties under which they labour, and to make recommendations as to the steps that should be taken to ameliorate their condition.

Examples:

  • Kaka Kalelkar Commission (1953): First Backward Classes Commission.
  • Mandal Commission (1979): Second Backward Classes Commission, whose recommendations led to 27% reservation for OBCs.

Source: The Constitution of India, Art 340.

Article 341:

  • President's Power: The President may, with respect to any State or Union Territory, and after consultation with the Governor of the State, by public notification, specify the castes, races, or tribes (or parts of groups within them) which shall be deemed to be Scheduled Castes in relation to that State or UT.
  • Parliament's Power: Parliament may, by law, include in or exclude from the list of Scheduled Castes specified in a notification issued by the President. (Changes to the list can only be made by Parliament by law, not by Presidential notification).

Source: The Constitution of India, Art 341; M. Laxmikanth.

Article 342:

  • President's Power: Similar to Article 341, the President may, with respect to any State or Union Territory, and after consultation with the Governor of the State, by public notification, specify the tribes or tribal communities (or parts of groups within them) which shall be deemed to be Scheduled Tribes in relation to that State or UT.
  • Parliament's Power: Parliament may, by law, include in or exclude from the list of Scheduled Tribes specified in a notification issued by the President.

Source: The Constitution of India, Art 342; M. Laxmikanth.

Article 342A (Inserted by 102nd Amendment Act, 2018):

  • President's Power: Empowers the President to specify the Socially and Educationally Backward Classes (SEBCs) in relation to any State or Union Territory, after consultation with the Governor of the concerned State, for the Central List of OBCs.
  • Parliament's Power: Parliament can, by law, include in or exclude from the Central List of SEBCs.

105th Constitutional Amendment Act, 2021: Clarified that states retain their power to identify SEBCs for their own state lists.

Source: The Constitution of India, Art 342A; M. Laxmikanth. (Cross-reference to NCBC in Module 8).

Prelims-Ready Notes

Part XVI at a Glance

  • Articles 330-342A.
  • Special Provisions Relating to Certain Classes.

Reservation in Legislatures

  • Lok Sabha (Art 330): SCs & STs, based on population ratio.
  • State Assemblies (Art 332): SCs & STs, based on population ratio.
  • Duration: Extended periodically (currently till Jan 2030 by 104th Amdt, 2019).

Anglo-Indian Representation

  • Lok Sabha (Art 331): President could nominate max 2.
  • State Assemblies (Art 333): Governor could nominate 1.
  • Provision Discontinued by 104th Amendment Act, 2019 (effective Jan 2020).

Claims to Services & Posts (Art 335)

  • SCs & STs claims to be considered, consistent with efficiency of administration.
  • Proviso (82nd Amdt, 2000): State can relax qualifying marks/standards for promotion for SCs/STs.

National Commissions

  • NCSC (Art 338): For SCs (89th Amdt, 2003).
  • NCST (Art 338A): For STs (89th Amdt, 2003).
  • NCBC (Art 338B): For SEBCs (102nd Amdt, 2018).

Admin & Welfare (Art 339, 340)

  • Art 339: Union control over Scheduled Areas/ST Welfare.
  • Art 340: President can appoint Comm. to investigate conditions of SEBCs (Kaka Kalelkar Comm, Mandal Comm).

Specification of Lists

  • SCs (Art 341), STs (Art 342): President specifies (after Governor consult). Parliament can include/exclude by law.
  • SEBCs (Art 342A): President specifies Central List (102nd Amdt, 2018). 105th Amendment Act, 2021: Restored State Governments' power to identify and specify SEBCs for their own state lists.

Summary Table: Special Provisions for Certain Classes

Class Legislative Reservation (LS/Assembly) Service Claims (Art 335) Specification (President/Parliament) Constitutional Commission (Art) Key Amendments/Committees
SCs Art 330, 332 (Pop. ratio) Yes (Relax. by 82nd Amdt) Art 341 (Pres/Parl) NCSC (Art 338) 104th (Ext. resv.), 89th (NCSC)
STs Art 330, 332 (Pop. ratio) Yes (Relax. by 82nd Amdt) Art 342 (Pres/Parl) NCST (Art 338A) 104th (Ext. resv.), 89th (NCST)
Anglo-Indians Art 331, 333 (Nomination) No special provision (Not specified) (Was with NCSC earlier) 104th Amdt (Discontinued Nomination)
SEBCs (OBCs) (No direct resv. in Legislature, but states can provide) Yes (Reservation under Art 16(4)) Art 342A (Pres/Parl for Central List); State Govts (105th Amdt for State Lists) NCBC (Art 338B) 102nd (NCBC), 105th (State power), Art 340 (Mandal Comm)

Source: The Constitution of India; M. Laxmikanth.

Mains-Ready Analytical Notes

Affirmative Action and Social Justice: A Transformative Vision

Part XVI embodies India's deep commitment to addressing historical injustices and ensuring social justice. The provisions for reservations in legislative bodies and public services, along with special commissions, are crucial instruments of affirmative action, aiming to empower marginalized communities (SCs, STs, SEBCs) and bring them into the mainstream of national life. This reflects a shift from formal equality to substantive equality.

Political Representation: Ensuring Voice

Reservation of seats in Lok Sabha and State Assemblies (Arts 330, 332) ensures that SCs and STs have a political voice and can influence policy-making, which is vital for their socio-economic upliftment and protecting their interests. The periodic extension of these reservations (104th Amendment) reflects the ongoing need for such measures.

Merit vs. Representation in Services (Art 335)

Article 335 tries to balance the claims of SCs and STs in services with the maintenance of efficiency of administration. The 82nd Amendment, by allowing relaxation of qualifying marks for promotions, reflected a policy choice to prioritize representation to correct historical disadvantage, even if it meant adjusting traditional merit standards. This remains a contentious debate in reservation policy.

Institutional Safeguards: National Commissions

The constitutionalization and bifurcation of National Commissions for SCs, STs, and OBCs (NCSC, NCST, NCBC) provide dedicated, powerful statutory (quasi-judicial) bodies to investigate complaints, monitor safeguards, and advise governments. These commissions act as crucial watchdogs and advocates, enhancing accountability and ensuring the implementation of welfare schemes for these communities. The 105th Amendment further empowered states in identifying OBCs, reinforcing federal balance in social justice policy.

Identification of SCs, STs, and SEBCs: A Complex Process

The power vested in the President (with Parliament's ultimate authority) to specify lists of SCs, STs, and SEBCs (Arts 341, 342, 342A) reflects the need for a national, uniform approach to identification. However, the process is complex, involving socio-economic criteria, historical context, and often generates demands for inclusion/exclusion, leading to political and legal challenges. The clarification provided by the 105th Amendment regarding states' power to identify their own OBC lists is crucial for federalism.

Anglo-Indian Representation - A Historical Evolution

The discontinuation of nominated Anglo-Indian representation (104th Amendment) marks a historical evolution. It reflects a judgment that the community no longer requires such special protection through nomination, perhaps due to integration or changed demographics, and the emphasis on elected representation.

Challenges and Limitations

  • Implementation Gap: Despite constitutional provisions, the full realization of social justice remains challenging due to implementation gaps, bureaucratic apathy, and resistance to change.
  • Politicization of Reservation: Reservation policies often become highly politicized, leading to debates on 'creamy layer', sub-categorization, and the 50% ceiling (though the EWS quota has introduced economic criteria).
  • Discrimination: SCs and STs continue to face discrimination and atrocities, highlighting the need for stronger enforcement of protective laws (e.g., PoA Act).
  • Economic Disparities: Despite reservations, significant economic disparities persist within and between these communities.

Contemporary Relevance

  • EWS Quota (103rd Amendment): While not in Part XVI, the 103rd Amendment introduced reservation based on economic criteria, adding a new dimension to affirmative action and sparking debates on the very concept of 'backwardness' alongside caste-based reservations.
  • Caste Census/Survey: Demands and conduct of caste surveys (e.g., Bihar) relate directly to the identification of SEBCs (Art 340, 342A) and the need for updated data for reservation policies.
  • PM JANMAN: The scheme for PVTGs (under Art 339) reflects targeted efforts for the most vulnerable tribals.
  • Atrocities Act: The continuous need for effective implementation of the SC/ST (Prevention of Atrocities) Act, 1989, against discrimination and violence.

Current Affairs & Recent Developments

PM JANMAN (Nov 2023)

Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan (PM JANMAN): This major central government scheme, aimed at the development of Particularly Vulnerable Tribal Groups (PVTGs).

Relevance: Falls under the purview of Article 339 (Control of Union over administration of Scheduled Areas and welfare of STs). It signifies a targeted approach for tribal welfare, directly addressing the conditions of backward classes.

Source: PIB, PMO.

Caste Surveys/Census at State Level (e.g., Bihar)

Several states, notably Bihar, have conducted caste surveys to collect data on various caste groups, including OBCs. The findings from these surveys have implications for reservation policies.

Relevance: Directly links to Article 340 (Commission to investigate conditions of backward classes) and Article 342A (Specification of SEBCs), especially after the 105th Amendment restored states' power to identify their own OBCs.

Source: News reports, State Government notifications.

Supreme Court Judgment on Article 370 (Dec 2023)

While about J&K's special status, the judgment highlighted that the erstwhile State of J&K did not have provisions for reservation for SCs and STs in legislative bodies similar to other states, which have now been extended to the UT of J&K.

Relevance: This brings into focus Articles 330 and 332 and the broader framework of reservation.

Source: Supreme Court of India website.

Appointments to NCSC, NCST, NCBC

Periodic appointments of Chairpersons and members to these National Commissions continue.

Relevance: Ensuring the ongoing functioning of these constitutional watchdogs for SCs, STs, and OBCs.

Source: Ministry of Social Justice and Empowerment, Ministry of Tribal Affairs, PIB.

Debates on Reservations in Services and Promotions

The implementation of reservation policies, including the 103rd Amendment (EWS quota) and discussions on sub-categorization within OBCs or reservation in promotions (linked to Article 335), remains a constant area of debate and judicial scrutiny.

Relevance: Continual scrutiny reflects the dynamic nature and evolving challenges of affirmative action policies.

Source: News reports, Supreme Court hearings.

UPSC Previous Year Questions

Prelims MCQs

1. UPSC CSE 2022: With reference to the Scheduled Areas in India, consider the following statements:

  1. Within a State, the notification of an area as a Scheduled Area takes place through an order of the President.
  2. The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.
  3. The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in their States.

Which of the statements given above are correct?

  • (a) 1 only
  • (b) 1 and 2 only
  • (c) 2 and 3 only
  • (d) 1, 2 and 3

Answer: (a)

Hint: This question tests knowledge about Scheduled Areas (Fifth Schedule), which fall under the special provisions for certain classes, particularly STs. Statement 3 is incorrect (Governor reports to President).

2. UPSC CSE 2020: Under the Fifth Schedule of the Constitution of India, which of the following statements is not correct?

  • (a) The executive power of the Union extends to giving directions to the State as to the administration of the Scheduled Areas.
  • (b) The Governor of a State having Scheduled Areas has a special responsibility regarding the administration of such area.
  • (c) The Governor can make regulations for the peace and good government of any Scheduled Area.
  • (d) The State Legislature has the power to restrict or prohibit the transfer of land by or among members of the Scheduled Tribes in any Scheduled Area.

Answer: (d)

Hint: This questions tests Fifth Schedule. Article 339 directly discusses Union control over administration of Scheduled Areas.

3. UPSC CSE 2018: The PESA Act (Panchayats Extension to Scheduled Areas Act) is often discussed in the context of:

  • (a) land reforms and tribal self-rule
  • (b) women's empowerment and rural development
  • (c) environmental protection and biodiversity conservation
  • (d) child labour abolition and rehabilitation

Answer: (a)

Hint: PESA relates to the special provisions for STs in Fifth Schedule areas.

Mains Questions (Directions for thinking)

1. UPSC CSE 2021 (10 marks): "What are the Fundamental Duties provided in the Constitution of India? Examine the significance of these duties in a democratic society."

Direction: Part XVI provisions, by promoting equality and social justice for SCs/STs/OBCs, align with the fundamental duty to "promote harmony and the spirit of common brotherhood" (Art 51A(e)) and to "renounce practices derogatory to the dignity of women" (Art 51A(e), relevant to reservation).

2. UPSC CSE 2019 (15 marks): "The local self-government system in India has evolved from a purely administrative structure to a more democratic and participatory one. Discuss how the 73rd and 74th Constitutional Amendments have transformed it, while also highlighting the challenges in its effective functioning."

Direction: The 73rd and 74th Amendments, by mandating reservations for SCs/STs in local bodies (Art 243D, 243T), directly operationalize the spirit of Part XVI at the grassroots, ensuring political empowerment of these classes.

3. UPSC CSE 2018 (15 marks): "Constitutional morality is rooted in the Constitution itself and is founded on the essential principles of the constitutional structure. Explain the doctrine of 'constitutional morality' with the help of relevant court cases."

Direction: The judiciary's role in upholding the spirit of reservation policies (e.g., Mandal case, EWS quota case), ensuring non-discrimination, and protecting the rights of marginalized classes (through NCSC, NCST, NCBC decisions) is a direct manifestation of constitutional morality.

Trend Analysis

Prelims Trend

  • Reservations in Legislatures: Highly important. Knowing the articles (330, 332), basis (population ratio), and the periodic extensions, particularly the 104th Amendment (extending till 2030, discontinuing Anglo-Indian nomination).
  • Anglo-Indian Representation: Crucial to know that this provision (Art 331, 333) has been discontinued by the 104th Amendment.
  • Claims to Services (Art 335): Understanding the balance with efficiency and the 82nd Amendment's proviso (relaxing standards for SC/ST promotions).
  • National Commissions (NCSC, NCST, NCBC): While covered in detail in Module 8, knowing their respective articles (338, 338A, 338B) and their general mandate for SCs, STs, and SEBCs is important. The 102nd and 105th Amendments for NCBC and SEBC identification are very high priority.
  • Specification of SC/ST/SEBC Lists: Knowing that the President specifies these lists (after Governor consult), and Parliament can modify them by law. The distinction for state vs. central lists for OBCs (105th Amdt) is key.
  • Commissions to Investigate Conditions: Knowing about Art 340 and the Kaka Kalelkar/Mandal Commissions.

Mains Trend

  • Affirmative Action and Social Justice: Analytical questions often focus on the philosophy and objectives of these special provisions, aiming for substantive equality.
  • Political Representation: The significance of reservation in legislative bodies for empowering marginalized groups.
  • Challenges and Implementation Gaps: Debates on the efficacy of reservations, issues of 'creamy layer', sub-categorization, discrimination, and the balance between efficiency and representation.
  • Role of National Commissions: Their importance as institutional safeguards and watchdogs.
  • Federal Dimensions: The role of the Centre and states in identifying and implementing provisions for these classes (e.g., 105th Amendment for OBC lists).
  • Contemporary Relevance: Linking these provisions to current debates on reservation (EWS, caste surveys), legal challenges, and government schemes for welfare.

Original MCQs for Prelims

1. Consider the following statements regarding the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha:

  1. Seats are reserved for SCs and STs in the Lok Sabha based on their population ratio in the respective states or Union Territories.
  2. The provision for reservation of seats for SCs and STs in the Lok Sabha was originally for 10 years and has been extended periodically by constitutional amendments.
  3. The 104th Constitutional Amendment Act, 2019, extended this reservation for another 10 years, till January 2030.

Which of the statements given above are correct?

  • (a) 1 only
  • (b) 1 and 2 only
  • (c) 2 and 3 only
  • (d) 1, 2 and 3

Answer: (d)

Explanation: All three statements are correct for the reservation of seats for SCs and STs in the Lok Sabha (Art 330).

2. Which of the following statements regarding the identification and inclusion/exclusion of communities in the Scheduled Castes (SCs) and Scheduled Tribes (STs) lists is/are correct?

  1. The President of India specifies a community as a Scheduled Caste or Scheduled Tribe in relation to a state after consulting the Governor of that state.
  2. Once a community is specified in the Presidential order, only the Parliament, by law, can include it in or exclude it from the list of SCs or STs.
  3. The National Commission for Scheduled Castes (NCSC) has the power to recommend the inclusion or exclusion of a community from the list of Scheduled Castes.

Select the correct answer using the code given below:

  • (a) 1 only
  • (b) 1 and 2 only
  • (c) 2 and 3 only
  • (d) 1, 2 and 3

Answer: (b)

Explanation:
Statement 1 is correct (Art 341(1), 342(1)).
Statement 2 is correct (Art 341(2), 342(2)). This prevents executive discretion in altering the lists once notified.
Statement 3 is incorrect. While NCSC/NCST advise on safeguards and welfare, the power to recommend inclusion or exclusion from the lists (beyond initial notification by President) is not explicitly given to these Commissions in the Constitution as a direct final power. They investigate and advise, but the legislative power for inclusion/exclusion rests with Parliament, acting on recommendations from relevant government bodies. The President specifies, and Parliament modifies.

Original Descriptive Questions for Mains

1. "The special provisions for Scheduled Castes and Scheduled Tribes in Part XVI of the Constitution are foundational to India's commitment to social justice, yet their implementation often involves complex challenges of balancing representation with efficiency." Critically analyze the scheme of reservations for SCs and STs in legislative bodies and services, discussing the debates surrounding their efficacy and the role of constitutional amendments in refining these provisions. (15 marks)

Key Points/Structure:

  • Introduction: Introduce Part XVI as embodying India's commitment to affirmative action for SCs/STs, acknowledging the balance between social justice and efficiency.
  • Scheme of Reservations: Legislative Bodies (Art 330, 332), Services and Posts (Art 335), Relaxation Proviso (82nd Amdt, 2000), Institutional Safeguards (NCSC, NCST - Art 338, 338A).
  • Debates Surrounding Efficacy and Challenges: Efficiency vs. Equity, Periodical Extension (104th Amendment), 'Creamy Layer' Debate, Sub-categorization, Political Interference, Discrimination/Atrocities.
  • Role of Constitutional Amendments in Refining Provisions: 104th Amdt (2019), 82nd Amdt (2000), 89th Amdt (2003).
  • Conclusion: Conclude that the reservation scheme for SCs/STs is a necessary tool for social justice in India. While debates on its efficacy and challenges persist, it remains vital for political empowerment and socio-economic upliftment. Continuous evaluation and refinement are essential to ensure it achieves its transformative goals while maintaining administrative efficiency.

2. "The identification and specification of Scheduled Castes, Scheduled Tribes, and Socially and Educationally Backward Classes in India involve a complex interplay between the executive, legislature, and constitutional bodies, often leading to federal friction." Analyze the constitutional process for specifying these lists, discussing the impact of recent amendments and judicial interpretations on the powers of the Union and State governments in this regard. (10 marks)

Key Points/Structure:

  • Introduction: Briefly state that identifying backward classes is crucial for affirmative action and involves various actors in India's federal setup.
  • Constitutional Process for Specification: Scheduled Castes (Art 341) & Scheduled Tribes (Art 342): President's Power: To specify initial lists by public notification (after consulting Governor). Parliament's Power: Only Parliament, by law, can include/exclude from these lists. Socially and Educationally Backward Classes (SEBCs) (Art 342A): President's Power (Art 342A - 102nd Amdt, 2018): To specify Central List of SEBCs (after consulting Governor). Parliament's Power: Only Parliament, by law, can modify the Central List. Commissions: Role of Commissions under Art 340 (Kaka Kalelkar, Mandal) in investigating conditions of backward classes and making recommendations.
  • Impact of Recent Amendments and Judicial Interpretations: 102nd Amendment Act, 2018: Constitutionalized NCBC (Art 338B) and inserted Art 342A. Raised ambiguity about states' power to identify their own SEBCs. Maratha Reservation Case (Jaishri Laxmanrao Patil v. Chief Minister, 2021 SC): Interpreted Art 342A to mean only President (for Central List) could identify SEBCs, effectively taking away states' power to identify for state lists. 105th Constitutional Amendment Act, 2021: Restored State Power: Explicitly restored the power of State Governments to identify and specify SEBCs for their own state lists. Clarified Federalism: Emphasized that Art 342A applies only to the Central List, preserving states' legislative autonomy over their own reservation policies.
  • Federal Friction: Highlight how the centralization of identification powers (initially perceived from 102nd Amdt) created friction between Union and States, which was later resolved by the 105th Amendment to reinforce cooperative federalism in this sensitive domain.
  • Conclusion: Conclude that the specification of these lists is a complex constitutional process, balancing uniformity with regional specificities. The recent amendments and judicial interpretations have dynamically shaped the powers of both Union and State governments, ultimately aiming to ensure effective social justice while upholding federal principles.