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Special Provisions Relating to Certain Classes

Special Provisions Relating to Certain Classes

INTRODUCTION

  • Articles 330 and 332 deals with the reservation of seats in Lok Sabha and State Assemblies respectively.
  • Article 330 provides for the reservation of seats in the Lok Sabha for Scheduled Castes and Scheduled Tribes.
  • The number of seats reserved in any State or Union territory for such castes and tribes will be made on the population basis.

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

300

  • (1) Seats shall be reserved in the House of the People 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.
  • (2) The number of seats reserved in any State or (Union territory) for the Scheduled Castes or the Scheduled Tribes under clause (1) 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 in the State or Union territory or of the Scheduled Tribes in the State (or Union territory) or part of the State (or Union territory) as the case may be, in respect of which seats are so reserved, bears to the total population of the State (or Union territory).
  • (3) Notwithstanding anything contained in clause (2), the number of seats reserved in the House of the People for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than the population of the Scheduled Tribes in the said autonomous districts bears to the total population of the State.

Explanation—

  • In this article and in article 332, the expression “population” means the population ascertained at the last preceding census of which the relevant figures have been published:
  • Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2001 census.                                    Special Provisions Relating to Certain Classes

Representation of the Anglo-Indian Community in the House of the People.

331

  • 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.                                        Special Provisions Relating to Certain Classes

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

332

  • (1) 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.
  • (2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam.
  • (3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1) 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 in the State or of the Scheduled Tribes in the State or part of the State, as (3A) Notwithstanding anything contained in clause (3), until the taking effect, under article 170, of the readjustment, on the basis of the first census after the year [2026], of the number of seats in the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats which shall be served for the Scheduled Tribes in the Legislative Assembly of any such State shall be:

(a) if all the seats in the Legislative Assembly of such State in existence on the date of coming into force of the Constitution (Fifty-seventh Amendment) Act, 1987 (hereafter in this                                     clause  referred to as the existing Assembly) are held by members of the Scheduled Tribes, all the seats except one;
(b) in any other case, such number of seats as bears to the total number of seats, a proportion not less than the number (as on the said date) of members belonging to the Scheduled                                   Tribes in the existing Assembly bears to the total number of seats in the existing Assembly.

  • (3B) Notwithstanding anything contained in clause (3), until the re-adjustment, under article 170, takes effect on the basis of the first census after the year 2026, of the number of seats in the Legislative Assembly of the State of Tripura, the seats which shall be reserved for the Scheduled Tribes in the Legislative Assembly shall be, such number of seats as bears to the total number of seats, a proportion not less than the number, as on the date of coming into force of the Constitution (Seventy-second Amendment) Act, 1992, of members belonging to the Scheduled Tribes in the Legislative Assembly in existence on the said date bears to the total number of seats in that Assembly.
  • (4) The number of seats reserved for an autonomous district in the Legislative Assembly of the State of Assam shall bear to the total number of seats in that Assembly a proportion not less than the population of the district bears to the total population of the State.                                      Special Provisions Relating to Certain Classes
  • (5) The constituencies for the seats reserved for any autonomous district of Assam shall not comprise any area outside that district.
  • (6) No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam shall be eligible for election to the Legislative Assembly of the State from any constituency of that district: Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas District, so notified, and existing prior to the constitution of Bodoland Territorial Areas District, shall be maintained.

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

333

  • Notwithstanding anything in article 170, the Governor of a State may, if he is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly of the State and is not adequately represented therein, nominate one member of that community to the Assembly.

Reservation of seats and special representation to cease after sixty years.

334

  • Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to:
    (a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and
    (b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination, shall cease to have effect on the expiration of a period of [sixty years] from the commencement of this Constitution:
  • Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.                                                  Special Provisions Relating to Certain Classes

Claims of Scheduled Castes and Scheduled Tribes to services and posts

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:
  • Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in 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.                                                                                  Special Provisions Relating to Certain Classes

Special provisions for Anglo-Indian community in certain services.

336

  • 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 for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent. than the numbers so reserved during the immediately preceding period of two years:
  • Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease.
  • Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities.

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

337

  • 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 : Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent to which they are a special concession to the Anglo-Indian community, shall cease: Provided further that no educational institution shall be entitled to receive any grant under this article unless at least forty per cent. of the annual admissions therein are made available to members of communities other than the Anglo-Indian community.

National Commission for Scheduled Castes.

338

  • (1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes.
  • (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.
  • (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
  • (4) The Commission shall have the power to regulate its own procedure.
  • (5) It shall be the duty of the Commission—
  •              (a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under this Constitution or under any other law for the time being in force or                          under any order of the Government and to evaluate the working of such safeguards;
    (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes;
    (c) to participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and                      any State;                                                                        Special Provisions Relating to Certain Classes
    (d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
    (e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other                                  measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and
    (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions                         of  any law made by Parliament, by rule specify.
  • (6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
  • (7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or
    proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.
  • (8) The Commission shall, while investigating any matter referred to in sub-clause: 
    (a) or inquiring into any complaint referred to in sub-clause
    (b) of clause
    (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: —
    (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
    (b) requiring the discovery and production of any document;
    (c) receiving evidence on affidavits;
    (d) requisitioning any public record or copy thereof from any court or office;
    (e) issuing commissions for the examination of witnesses and documents;
    (f) any other matter which the President may, by rule, determine.
  • (9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.

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

339

  • (1) The President may at any time and shall, at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States.
  • The order may define the composition, powers and procedure of the Commission and may contain such incidental or ancillary provisions as the President may consider necessary or desirable.                                                                        Special Provisions Relating to Certain Classes
  • (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.

Appointment of a Commission to investigate the conditions of backward classes.

340

  • (1) The President may by order appoint a Commission consisting of such persons as he thinks fit 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 by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.
  • (2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.
  • (3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.

Indian Polity

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