Special Provisions for Certain Classes in the Indian Constitution Chapter 66

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FAQ: Special Provisions for Certain Classes in the Indian Constitution 1. What is the rationale behind the special provisions for certain classes in the Indian Constitution? The Indian Constitution, guided by the principles of equality and justice, includes special provisions for Scheduled Castes (SCs), Scheduled Tribes (STs), Backward Classes (BCs), and Anglo-Indians. These provisions aim to address historical disadvantages and promote socio-economic equality for these groups. They are enshrined in Part XVI of the Constitution, from Articles 330 to 342. 2. How are Scheduled Castes and Scheduled Tribes defined in the Constitution? The Constitution does not provide a specific list of castes or tribes considered SCs or STs. Instead, it empowers the President to specify these groups for each state and union territory. This list can vary across regions and is subject to parliamentary amendment. 3. What are the key components of these special provisions? The special provisions encompass various aspects, including: Reservation in Legislatures: Reserved seats for SCs and STs in the Lok Sabha and state legislative assemblies based on population ratios. Special Representation: Nomination of Anglo-Indian members to the Lok Sabha and state assemblies to ensure their representation. Reservation in Services and Posts: Consideration of SC and ST claims in public service appointments, with provisions for relaxation in qualifying marks and reservation in promotions. Educational Grants: Special grants for Anglo-Indian educational institutions. National Commissions: Establishment of separate National Commissions for SCs and STs to safeguard their rights and investigate matters related to their welfare. Administration of Scheduled Areas: Provisions for the Union government to oversee the administration of Scheduled Areas and ensure the welfare of STs. Commissions for BCs: Presidential power to appoint commissions to investigate the conditions of BCs and recommend measures for their upliftment. 4. What is the duration of reservation and special representation for SCs, STs, and Anglo-Indians in legislatures? Initially, these provisions were intended for ten years. However, they have been extended repeatedly through constitutional amendments. The 95th Amendment Act of 2009 extended them until 2020. The rationale behind these extensions is the continued need to address the socio-economic disparities faced by these groups. 5. How are Backward Classes defined and what provisions are made for them? The Constitution uses the term "Backward Classes" to refer to groups other than SCs and STs who face social and educational disadvantages. The Central Government specifies these groups, often referred to as Other Backward Classes (OBCs). The Constitution mandates the appointment of commissions to investigate their conditions and recommend measures for their improvement. 6. What is the role of the National Commissions for SCs and STs? The National Commissions for SCs and STs are independent bodies tasked with: Investigating matters related to the safeguards provided for SCs and STs in the Constitution. Reporting their findings to the President, who then presents them to the Parliament. Monitoring the implementation of constitutional safeguards and legal provisions for these groups. The National Commission for SCs also has a mandate to address concerns of OBCs and the Anglo-Indian community. 7. What are the provisions regarding the administration of Scheduled Areas and the welfare of STs? The Constitution empowers the President to appoint commissions to report on the administration of Scheduled Areas and the welfare of STs. It also grants the Central government authority to direct states in formulating and implementing schemes for the well-being of STs. 8. How has the reservation policy for OBCs evolved? The Mandal Commission, appointed in 1979, recommended a 27% reservation for OBCs in government jobs. The V.P. Singh government implemented this recommendation in 1990, marking a significant step towards addressing the socio-economic backwardness of OBCs.

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Discuss Special Provisions. The podcast provide an overview of special provisions enshrined in the Indian Constitution, designed to uplift and empower specific classes, including Scheduled Castes (SCs), Scheduled Tribes (STs), Backward Classes (BCs), and Anglo-Indians. Here is a discussion of these provisions: Purpose and Scope of Special Provisions: ●The special provisions, detailed in Part XVI (Articles 330-342) of the Constitution, aim to realize the principles of equality and justice as outlined in the Preamble. ●These provisions address areas such as representation in legislatures, reservation in services and posts, educational grants, and the establishment of commissions to safeguard the rights and promote the welfare of these communities. Categorization of Provisions: The special provisions can be categorized as: ●Permanent and Temporary: Some provisions are permanent aspects of the Constitution, while others have a defined timeframe. ●Protective and Developmental: Some provisions focus on protecting these classes from injustice and exploitation, while others aim to advance their socioeconomic interests. Identification of Beneficiary Classes: ●SCs and STs: The Constitution doesn't explicitly list the castes and tribes that fall under SCs and STs. The President holds the authority to specify these groups for each state and union territory. The lists vary by region and can be modified only by Parliament. ●BCs (Other Backward Classes - OBCs): The Constitution doesn't specify BCs but empowers the Central Government to identify them, excluding SCs and STs. ●Anglo-Indians: The Constitution provides a clear definition of Anglo-Indians, emphasizing European lineage, domicile in India, and birth and residence within the country. Key Components of Special Provisions: 1.Legislative Representation: ○Reservation for SCs and STs: Seats are reserved in the Lok Sabha (lower house of Parliament) and state legislative assemblies proportionally to their population. ○Special Representation for Anglo-Indians: The President can nominate two Anglo-Indian members to the Lok Sabha, and governors can nominate one to their respective state assemblies, if the community lacks adequate representation. ○Duration of Reservation and Representation: Initially intended for 10 years (until 1960), these provisions have been repeatedly extended, currently until 2020 as per the 95th Amendment Act of 2009. The extension was deemed necessary due to the continued need to support these communities and the fact that the rationale for their implementation still persists. 2.Claims to Services and Posts: ○SCs and STs: The Constitution emphasizes considering the claims of SCs and STs in public service appointments for both the Centre and states, without compromising administrative efficiency. The 82nd Amendment Act of 2000 permits relaxation in qualifying marks, lowered evaluation standards, and reservation in promotions to benefit these groups. 3. Anglo-Indian Provisions in Services and Education: ○Before independence, certain positions were reserved for Anglo-Indians in railways, customs, postal, and telegraph services. ○Anglo-Indian educational institutions received special grants from the Centre and states. These benefits continued after independence but were gradually reduced and ended in 1960. 4.National Commission Separate Commissions for SCs and STs: The President is mandated to establish separate National Commissions for SCs (Article 338) and STs (Article 338-A). These commissions investigate matters related to constitutional safeguards for their respective communities and submit reports to the President, which are then presented to Parliament along with a record of actions taken. The 89th Amendment Act of 2003 separated the previously combined commission for SCs and STs. ○Expanded Role of the National Commission for SCs: The commission also handles matters related to the constitutional and legal safeguards for OBCs and the Anglo-Indian community, reporting its findings to the President. 5.Administration of Scheduled Areas and ST Welfare: ○The President appoints a commission to report on the administration of scheduled areas and ST welfare in the states. This appointment is mandatory every ten years, with commissions formed in 1960, 2002, and so on. ○The central government is empowered to direct states on developing and implementing schemes for ST welfare within their territories. 6.Commission for Backward Classes: ○The President can appoint a commission to investigate the conditions of socially and educationally backward classes and recommend measures for improvement. The commission's report, along with a record of actions taken, is submitted to Parliament. ○Two such commissions have been appointed so far, one in 1953 (Kaka Kalelkar Commission) and another in 1979 (B.P. Mandal Commission), with varying degrees of implementation of their recommendations.

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Discuss Scheduled Castes. Here is a discussion about Scheduled Castes in India: ●Scheduled Castes (SCs), along with Scheduled Tribes (STs), Backward Classes (BCs), and Anglo-Indians, are granted special provisions within the Indian Constitution to ensure equality and justice as outlined in the Preamble. ●The Constitution does not specifically list the castes or tribes to be designated as SCs or STs. The President has the authority to specify these groups for each state and union territory, resulting in varying lists across different regions. ●The President's notifications regarding SCs and STs are based on consultations with the relevant state governors. Any modifications to these lists, including additions or removals of castes or tribes, require parliamentary approval. ●Special provisions for SCs and STs encompass reservations in the Lok Sabha and state legislative assemblies, based on population ratios. ●Originally, these provisions were intended to be temporary, with an expiration date of 1960. However, they have been repeatedly extended, each time for an additional ten years. ●The 95th Amendment Act of 2009 further extended these provisions until 2020. This extension was deemed necessary because the reasons that led to the initial inclusion of these provisions by the Constituent Assembly still exist. ●SCs and STs are also considered for appointments to public services, with an emphasis on maintaining administrative efficiency. ●The 82nd Amendment Act of 2000 allows for provisions that relax qualifying marks in exams or lower evaluation standards for SCs and STs, promoting their representation in public services. ●The National Commission for SCs is tasked with investigating matters related to constitutional safeguards for SCs and reporting its findings to the President. The President then presents these reports, along with an action-taken memorandum, to the Parliament. ●Established by the 89th Amendment Act of 2003, a separate National Commission for STs performs similar functions, advocating for the rights and welfare of STs. ●The National Commission for SCs has the added responsibility of addressing the concerns of OBCs and the Anglo-Indian community, investigating safeguards meant for these groups and reporting to the

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Discuss Scheduled Tribes. Here is a discussion of Scheduled Tribes (STs) in India: ●The Constitution of India does not offer a definition of Scheduled Tribes. The power to designate what groups are considered Scheduled Tribes within each state and union territory is given to the President of India. ●The lists of Scheduled Tribes can vary from one state and union territory to the next. When issuing the notification for the states, the President consults with the governor of the state. ●Parliament has the sole authority to add or remove any caste or tribe from the Presidential notification regarding Scheduled Tribes, meaning a subsequent Presidential notification cannot make such changes. Over time, Presidents have issued various orders identifying Scheduled Tribes in different states and union territories, and these orders have been amended by Parliament. ●Seats are reserved for Scheduled Tribes in the Lok Sabha and state legislative assemblies, based on population ratios. This reservation, initially intended to operate for ten years (until 1960), has been repeatedly extended by ten years each time. ●The 95th Amendment Act of 2009 extended these reservation provisions until 2020. ●The rationale behind extending the reservation is that while Scheduled Castes and Scheduled Tribes have progressed significantly over the past sixty years, the circumstances that led the Constituent Assembly to establish these reservations still persist. ●When making appointments to public services in the Centre and the states, the claims of Scheduled Tribes need to be taken into account, while ensuring the efficiency of administration is not compromised. ●The 82nd Amendment Act of 2000 allows for provisions that favor Scheduled Tribes and Scheduled Castes, including relaxation in qualifying marks for examinations, lowering evaluation standards, and reservation in promotions within the public services of the Centre and states. ●The President is mandated to establish a National Commission for Scheduled Tribes tasked with investigating matters related to the constitutional safeguards provided for Scheduled Tribes and reporting their findings to the President. ●The President must then present these reports, along with an action-taken memorandum, to Parliament. The 89th Amendment Act of 2003 led to the separation of the previously combined National Commission for Scheduled Castes and Scheduled Tribes into two distinct bodies. ●The President is obligated to appoint a commission every ten years to report on the administration of scheduled areas and the well-being of Scheduled Tribes within the states. ●Furthermore, the Central government has the executive authority to guide states in formulating and implementing schemes for the welfare of Scheduled Tribes residing within their boundaries. ●Articles 330, 332, 334, 335, 338A, 339, and 342 of the Indian Constitution specifically address matters concerning Scheduled Tribes. Please note that this information is solely based on the provided excerpt and does not include information on the current status of Scheduled Tribes in India since 2010. You may wish to independently verify any information about Scheduled Tribes post 2010.

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Discuss Backward Classes. Here is a discussion of Backward Classes: ●The Indian Constitution employs special provisions for Scheduled Castes (SCs), Scheduled Tribes (STs), Backward Classes (BCs), and Anglo-Indians in pursuit of equality and justice. ●These provisions, detailed in Part XVI (Articles 330-342), cover: ○Legislative reservation and representation. ○Service and post reservation. ○Educational grants. ○Establishment of national commissions. ○Commissions of investigation. ●These provisions can be categorized as permanent or temporary, and as protective or developmental. Specificity of Backward Classes ●The Constitution doesn't specify which groups constitute SCs or STs, granting the President the authority to designate these groups for each state and union territory. ●Presidential notifications listing SCs and STs vary by region, requiring parliamentary approval for any modifications. ●The Constitution doesn't explicitly define BCs or use a consistent term to describe them. ●The term "BCs" refers to "Other Backward Classes" (OBCs), excluding SCs and STs. The Central Government determines which groups are considered OBCs. ●In contrast, the Constitution does define Anglo-Indians based on lineage and residency. Components of Special Provisions ●Reservation and Representation: ○SCs and STs are granted reserved seats in the Lok Sabha and state legislative assemblies proportional to their population. ○The President and governors can nominate Anglo-Indian members to the Lok Sabha and state legislative assemblies, respectively, if their representation is deemed inadequate. ○Initially, these provisions were intended to last ten years (until 1960) but have been repeatedly extended, currently until 2020 under the 95th Amendment Act of 2009. ○The continued need to address historical disadvantages and promote inclusion justifies the extension of these provisions. ●Claims to Services and Posts: ○SCs and STs are entitled to consideration in public service appointments, while maintaining administrative efficiency. ○The 82nd Amendment Act of 2000 allows for relaxed qualifying marks and evaluation standards for SCs and STs, including promotions. ●Special Provisions for Anglo-Indians: ○Pre-independence reservations for Anglo-Indians in certain Union services and special grants for their educational institutions were continued under the Constitution but gradually phased out by 1960. ●National Commissions: ○The President establishes National Commissions for SCs (Article 338) and STs (Article 338-A) to investigate safeguards, report to the President, and submit findings to Parliament. ○The 89th Amendment Act of 2003 separated the combined commission into two distinct entities. ○The National Commission for SCs also handles matters concerning OBCs and Anglo-Indians, investigating safeguards and reporting to the President. ●Administration of Scheduled Areas and ST Welfare: ○The President appoints a commission to report on the administration of scheduled areas and ST welfare, at least once every ten years. ○The central government has the power to direct states on schemes for ST welfare. ●Investigating the Conditions of BCs: ○The President can appoint a commission to examine the conditions of socially and educationally backward classes and recommend improvements, with the report submitted to Parliament. ○Two commissions have been appointed so far: The first in 1953 (Kaka Kalelkar Commission) and the second in 1979 (B.P. Mandal Commission).

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Discuss Anglo-Indians. Here is a discussion about Anglo-Indians: ●The Constitution of India defines an Anglo-Indian as "a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only". ●Special representation was granted to Anglo-Indians in the legislature because they constitute a small minority group dispersed throughout India, which would make it difficult for them to win seats through elections. The President can nominate two members of the Anglo-Indian community to the Lok Sabha if the community is not adequately represented. Similarly, a state's governor can nominate one member of the Anglo-Indian community to the state legislative assembly if they are not adequately represented. ●Originally, the provisions for reservation and special representation were to operate for ten years (until 1960), but this duration has been continuously extended by ten years each time. The 95th Amendment Act of 2009 extended these provisions until 2020. ●Before independence, some posts were reserved for Anglo-Indians in the railway, customs, postal, and telegraph services. Anglo-Indian educational institutions also received special grants from the central and state governments. Both benefits continued under the Constitution on a progressively diminishing basis and ended in 1960. ●The National Commission for SCs is also required to investigate all matters relating to the constitutional and other legal safeguards for the Anglo-Indian community and report to the President upon their working.