Special Provisions Relating to Certain Classes
Rationale Behind Special Provisions
To achieve the goals of equality and justice mentioned in the Preamble, the Constitution provides special protections and benefits to:
Scheduled Castes (SCs)
Scheduled Tribes (STs)
Backward Classes (BCs/OBCs)
Anglo-Indians
These special provisions are contained in Part XVI of the Constitution from Articles 330 to 342A.
Areas Covered Under Special Provisions
The Constitution provides special provisions regarding:
Reservation in Legislatures
Special Representation in Legislatures
Reservation in Government Services and Posts
Educational Grants
Appointment of National Commissions
Appointment of Commissions of Investigation
Types of Special Provisions
1. Permanent and Temporary Provisions
Some special provisions are permanent features of the Constitution.
Some other provisions are temporary and operate only for a fixed period.
2. Protective and Developmental Provisions
Some provisions aim to protect weaker sections from injustice, discrimination and exploitation.
Other provisions aim to improve their social, educational and economic conditions.
Specification of Scheduled Castes (SCs) and Scheduled Tribes (STs)
The Constitution itself does not mention which castes or tribes are SCs or STs.
The President has the power to specify which castes or tribes will be treated as SCs and STs in each state and union territory.
Therefore, the SC and ST lists differ from one state to another and from one union territory to another.
Role of Governor and Parliament
For states, the President issues the notification after consulting the Governor of the concerned state.
Once the Presidential notification is issued, any inclusion or exclusion of a caste or tribe can be done only by Parliament.
The President cannot later change the list through another notification.
Parliament has amended these lists several times after the President issued the original orders.
Specification of Other Backward Classes (OBCs)
The Constitution originally did not define which groups are socially and educationally backward classes (OBCs).
102nd Constitutional Amendment Act, 2018
The 102nd Amendment empowered the President to specify socially and educationally backward classes for each state and union territory.
These classes were treated as backward classes for constitutional purposes.
105th Constitutional Amendment Act, 2021
The 105th Amendment modified the earlier provision.
It clarified that the President specifies only the “Central List” of socially and educationally backward classes for the purposes of the Central Government.
In states, the President issues the notification after consulting the Governor.
Changes in Central List
Any inclusion or exclusion from the Central List of OBCs can be done only by Parliament.
The President cannot change the Central List through another notification.
Meaning of Central List
The 105th Amendment clarified that the “Central List” means the list of socially and educationally backward classes prepared and maintained by the Central Government.
Power of States Regarding OBC List
The 105th Amendment also restored the power of states and union territories to prepare and maintain their own OBC lists for state purposes.
The State List or Union Territory List may be different from the Central List.
However, states or union territories can prepare such lists only through law.
Anglo-Indian Community
Unlike SCs, STs and OBCs, the Constitution itself defines who is an Anglo-Indian.
Meaning of Anglo-Indian
An Anglo-Indian is a person:
Whose father or male ancestors are or were of European descent
Who is domiciled in India
Who was born in India
Whose parents were permanently residing in India and not staying temporarily
Special Provisions for SCs and STs
1. Reservation in Legislatures
Seats are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in:
Lok Sabha
State Legislative Assemblies
Reservation is provided based on their population proportion in each state.
Originally, this reservation was meant to continue only for 10 years after the Constitution came into force, that is, till 1960.
However, Parliament has extended this provision repeatedly every 10 years.
At present, under the 104th Constitutional Amendment Act, 2019, reservation for SCs and STs in legislatures will continue till 2030.
2. Claims of SCs and STs in Services and Posts
While making appointments to government services, the claims of SCs and STs must be considered.
At the same time, administrative efficiency should not be reduced.
82nd Constitutional Amendment Act, 2000
The 82nd Amendment allows relaxation for SCs and STs in:
Qualifying marks in examinations
Standards of evaluation in promotions to public services
3. National Commissions for SCs and STs
National Commission for SCs
Article 338 provides for a National Commission for Scheduled Castes.
The President appoints this commission to investigate matters related to constitutional safeguards for SCs.
The commission submits reports to the President.
National Commission for STs
Article 338A provides for a separate National Commission for Scheduled Tribes.
It investigates matters related to constitutional safeguards for STs and reports to the President.
Reports of the Commissions
The President places these reports before Parliament along with an Action Taken Memorandum explaining the steps taken by the government.
89th Constitutional Amendment Act, 2003
Earlier, there was only one combined commission for SCs and STs.
The 89th Amendment Act, 2003 divided it into:
National Commission for SCs
National Commission for STs
4. Union Control over Scheduled Areas and Welfare of STs
The President can appoint a commission to report on:
Administration of Scheduled Areas
Welfare of Scheduled Tribes in states
The President may appoint such a commission anytime, but must compulsorily appoint one after 10 years from the commencement of the Constitution.
Important Commissions
Dhebar Commission
The first commission was appointed in 1960 under the chairmanship of U.N. Dhebar.
It submitted its report in 1961.
Bhuria Commission
The second commission was appointed in 2002 under Dilip Singh Bhuria.
It submitted its report in 2004.
Power of the Centre Regarding ST Welfare
The executive power of the Central Government extends to giving directions to states regarding:
Preparation of welfare schemes for STs
Implementation of welfare schemes for STs
Special Provisions for Backward Classes (BCs/OBCs)
1. National Commission for Backward Classes (NCBC)
The National Commission for Backward Classes was established in 1993 through an Act of Parliament.
Later, the 102nd Constitutional Amendment Act, 2018 gave constitutional status to the commission.
For this purpose, Article 338B was added to the Constitution.
Functions of NCBC
The President appoints the National Commission for socially and educationally backward classes.
The commission investigates matters related to constitutional safeguards for backward classes.
It submits reports to the President.
The President places these reports before Parliament along with an Action Taken Memorandum.
2. Commission to Investigate Conditions of Backward Classes
The President can appoint a commission to:
Study conditions of socially and educationally backward classes
Suggest measures for their improvement
The report of such commission is placed before Parliament along with details of action taken.
First Backward Classes Commission
The first Backward Classes Commission was appointed in 1953 under Kaka Kalelkar.
It submitted its report in 1955.
However, the recommendations were not implemented because:
They were considered vague and impractical
Members disagreed on the criteria of backwardness
Second Backward Classes Commission (Mandal Commission)
The second Backward Classes Commission was appointed in 1979 under B.P. Mandal.
It submitted its report in 1980.
Its recommendations were not implemented immediately.
In 1990, the V.P. Singh Government implemented one major recommendation by providing 27% reservation in government jobs for OBCs.
Special Provisions for Anglo-Indians
1. Special Representation in Legislatures
Before 2020, the President could nominate two Anglo-Indian members to the Lok Sabha if the community was not adequately represented.
Similarly, before 2020, the Governor could nominate one Anglo-Indian member to the State Legislative Assembly if the community was not adequately represented.
Duration of This Provision
Originally, this provision was meant to continue only till 1960.
It was repeatedly extended every 10 years.
The 95th Constitutional Amendment Act, 2009 extended it till 2020.
However, the 104th Constitutional Amendment Act, 2019 did not extend this provision further.
Therefore, nomination of Anglo-Indians to Lok Sabha and State Assemblies ended on 25 January 2020.
2. Special Provisions in Services and Educational Grants
Before Independence, certain jobs in:
Railways
Customs
Postal services
Telegraph services
were reserved for Anglo-Indians.
Anglo-Indian educational institutions also received special grants from the Centre and states.
These benefits continued after Independence for some time on a gradually reducing basis.
Finally, these benefits ended in 1960.
3. Role of National Commission for SCs Regarding Anglo-Indians
The National Commission for SCs also performs similar functions regarding the Anglo-Indian community.
It investigates constitutional and legal safeguards related to Anglo-Indians and reports to the President.
