The Constitution of India Part XVI: Special Provisions Relating to Certain Classes (Article 33 to 342)

XVI

Part XVI: Special Provisions Relating to Certain Classes

Contains special provisions for the advancement of socially and educationally backward classes, particularly Scheduled Castes (SCs), Scheduled Tribes (STs), and Anglo-Indians. This part provides for reservation of seats in legislative bodies and special representation to ensure adequate political participation of these communities that have historically faced discrimination and disadvantage.

Reservation in Legislative Bodies

330

Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

Seats shall be reserved in the House of the People (Lok Sabha) for: (a) the Scheduled Castes; (b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and (c) the Scheduled Tribes in the autonomous districts of Assam. The number of seats reserved shall be based on population proportion.

331

Representation of the Anglo-Indian community in the House of the People

Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People. This provision was originally time-bound but was extended through constitutional amendments until it was omitted by the 104th Amendment Act, 2019.

332

Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States

Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, except the Scheduled Tribes in the autonomous districts of Assam, in the Legislative Assembly of every State. The number of seats reserved shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes/STs bears to the total population.

333

Representation of the Anglo-Indian community in the Legislative Assemblies of the States

Notwithstanding anything in article 170, the Governor of a State may, if he is of opinion that the Anglo-Indian community needs representation and is not adequately represented in the Legislative Assembly of the State, nominate one member of that community to the Assembly. Like Article 331, this provision was also omitted by the 104th Amendment Act, 2019.

334

Reservation of seats and special representation to cease after [seventy years]

The provisions relating to the reservation of seats for the Scheduled Castes and the Scheduled Tribes and the representation of the Anglo-Indian community by nomination in the House of the People and in the Legislative Assemblies of the States shall cease to have effect on the expiration of seventy years from the commencement of this Constitution. Originally 10 years, this period has been extended multiple times, most recently to 80 years (until 2030) by the 104th Amendment Act, 2019.

Special Provisions for SCs and STs

335

Claims of Scheduled Castes and Scheduled Tribes to services and posts

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. This article provides the constitutional basis for reservation in government jobs for SCs and STs.

336

Special provision for Anglo-Indian community in certain services

During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947. During every succeeding period of two years, the number of posts reserved shall be less by ten per cent than the numbers so reserved during the immediately preceding period of two years.

337

Special provision with respect to educational grants for the benefit of Anglo-Indian community

During the first three financial years after the commencement of this Constitution, the same grants, if any, shall be made by the Union and by each State for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the thirty-first day of March, 1948. During every succeeding period of three years, the grants may be less by ten per cent than those for the immediately preceding period of three years.

338

National Commission for Scheduled Castes

(1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes. (2) It shall be the duty of the Commission to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law, and to evaluate the working of such safeguards.

338A

National Commission for Scheduled Tribes

[Inserted by the 89th Amendment Act, 2003] (1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes. (2) It shall be the duty of the Commission to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law, and to evaluate the working of such safeguards.

338B

National Commission for Backward Classes

[Inserted by the 102nd Amendment Act, 2018] (1) There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes. (2) The Commission shall examine requests for inclusion and complaints of over-inclusion regarding any class of citizens as backward class and advise the Central Government.

339

Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes

(1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution, appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States. (2) The executive power of the Union shall extend to the giving of 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.

340

Appointment of a Commission to investigate the conditions of backward classes

(1) The President may by order appoint a Commission to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken to improve their condition. (2) Such Commission shall investigate and report on the matter and may recommend grants to help such classes.

341

Scheduled Castes

(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory. (2) Parliament may by law include in or exclude from the list of Scheduled Castes.

342

Scheduled Tribes

(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union territory. (2) Parliament may by law include in or exclude from the list of Scheduled Tribes.

⚖️ Key Concepts in Part XVI: Special Provisions

Political Reservation (Arts. 330-334)

• Lok Sabha (Art. 330): Reservation for SCs & STs based on population proportion.
• State Assemblies (Art. 332): Similar reservation in State Legislatures.
• Anglo-Indians (Arts. 331, 333): Nomination provisions omitted in 2019.
• Time Limit (Art. 334): Originally 10 years, extended to 80 years (until 2030).

Constitutional Commissions

• NCSC (Art. 338): National Commission for Scheduled Castes.
• NCST (Art. 338A): National Commission for Scheduled Tribes (added 2003).
• NCBC (Art. 338B): National Commission for Backward Classes (added 2018).
• Functions: Monitor safeguards, investigate complaints, recommend policies.

Definition & Identification

• SCs (Art. 341): President specifies castes; Parliament can modify.
• STs (Art. 342): President specifies tribes; Parliament can modify.
• OBCs (Art. 340): President can appoint commission to investigate conditions.
• State-specific: Lists vary by state; same caste may be SC in one state but not another.

📝 Constitutional Significance

Part XVI embodies the Constitution's commitment to social justice and compensatory discrimination to address historical injustices. The reservation provisions (Articles 330-335) are not privileges but remedial measures to ensure adequate representation for communities that faced centuries of exclusion. The creation of constitutional commissions (Articles 338-338B) institutionalizes monitoring of safeguards. The provisions recognize that formal equality is insufficient when substantive inequality exists, hence the need for special measures. However, these provisions are time-bound (Article 334), reflecting the framers' hope that such special measures would eventually become unnecessary as society becomes more egalitarian. The tension between reservation and merit (Article 335) has been the subject of significant judicial interpretation, balancing affirmative action with administrative efficiency.

🏛️ Important Commissions under Part XVI

Backward Classes Commissions

• Kaka Kalelkar Commission (1953): First Backward Classes Commission.
• Mandal Commission (1979): Recommended 27% reservation for OBCs.
• Implementation: Mandal recommendations implemented in 1992.
• Judicial Review: Indra Sawhney case (1992) upheld 27% quota with conditions.
• Conditions: Creamy layer exclusion, 50% ceiling, no reservation in promotions.

National Commissions

• NCSC (Article 338): Constitutional status since 1990.
• NCST (Article 338A): Separated from NCSC in 2003.
• NCBC (Article 338B): Constitutional status since 2018.
• Powers: Civil court powers, annual reports to Parliament.
• Functions: Investigate complaints, monitor safeguards, recommend policies.

Key Judicial Pronouncements

• Indra Sawhney (1992): 50% ceiling, creamy layer, no reservation in promotions.
• M. Nagaraj (2006): Conditions for reservation in promotions.
• Jarnail Singh (2018): Creamy layer applies to SCs/STs for promotions.
• Janhit Abhiyan (2022): Upheld 103rd Amendment for EWS reservation.
• Evolution: Courts balance equality principle with compensatory discrimination.

📊 Reservation Statistics in India

Lok Sabha Seats

131

Reserved seats out of 543 total

84

SC Seats

47

ST Seats

Government Jobs

49.5%

Maximum reservation allowed (SC + ST + OBC)

15%

SC

7.5%

ST

27%

OBC

Educational Institutions

59.5%

Maximum reservation allowed (including EWS)

15%

SC

7.5%

ST

27%

OBC

10%

EWS

Population (2011 Census)

~40%

SC/ST population of India

16.6%

SC

8.6%

ST

~41%

OBC*

*OBC data from Mandal Commission

Reservation policies aim to provide proportional representation while maintaining the balance with merit and efficiency.