Constitutional Framework:
- Enshrined in Part XVI (Articles 330–342) of the Indian Constitution.
- Aim: Uplift Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
- Include reservation in legislatures and public employment, constitutional commissions, and targeted welfare policies.
Reservation in Legislatures
- Articles 330 & 332: Seats are reserved for SCs and STs in Lok Sabha and State Assemblies.
- 82 SC + 49 ST seats in Lok Sabha (Total: 131).
- Article 331: President can nominate 2 Anglo-Indians (now discontinued).
- Article 333: Governor can nominate 1 Anglo-Indian to the State Assembly.
- No reservation in Rajya Sabha or State Legislative Councils.
- SC/ST members can contest general seats as well.
Reservation in Public Services
-
- Article 335: Special consideration for SC/ST in public employment while ensuring efficiency.
- Govt Policy:
- 15% for SCs, 7.5% for STs → Total 22.5% reservation in central services.
- 27% for OBCs (as per Mandal case 1992).
- 10% for EWS (103rd Amendment Act, 2019)
- Reservation in Promotion:
-
- SC/ST allowed (via 85th Amendment), but not applicable to OBCs.
- States have Tribal Welfare Ministers (e.g., Bihar, MP, Odisha).
National Commissions
- Article 338: National Commission for SCs.
- Article 338-A: National Commission for STs.
- Article 338-B: National Commission for Backward Classes (post 102nd Amendment).
- Functions:
- Monitor implementation of safeguards.
- Investigate complaints.
- Submit annual reports to the President/Parliament.
Commissions of Investigation
- Article 339:
-
- President may appoint a commission to review Scheduled Areas & ST welfare.
- Article 340:
- Investigate condition of socially and educationally backward classes.
- Example: Mandal Commission (1980), recommended 27% reservation for OBCs.
Legal Empowerment of Backward Classes
- President can notify SC/ST/OBC lists, but only Parliament can amend them.
- Welfare schemes, scholarships, and Five-Year Plan allocations enhance their development.
- Periodic constitutional amendments extended reservation deadlines (e.g., 109th Amendment extended till 2020).
Key Constitutional Articles
| Article | Provision |
| 330–334 | Reservation in legislatures for SC/ST/Anglo-Indians |
| 335 | Special consideration in services |
| 338 | National Commission for SCs |
| 338-A | National Commission for STs |
| 338-B | National Commission for Backward Classes |
| 339–340 | Commission for STs and SEBCs |
| 341–342 | Power to notify SCs & STs |
Constitutional Amendments Related to Reservation
- 65th Amendment (1990): Created National Commission for SC/ST.
- 89th Amendment (2003): Split the SC/ST commission into two separate bodies.
- 102nd Amendment (2018): NCBC given constitutional status (Article 338-B).
- 103rd Amendment (2019): 10% EWS reservation in jobs and education.
Conclusion
- India’s special provisions for disadvantaged classes reflect constitutional commitment to social justice.
- They aim to correct historical injustices, promote inclusive growth, and ensure equal representation and opportunity.