16Part XVI (A:330-342): Special provisions relating to certain classes
· Article 330 :
Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of
the People
330. (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 asascertained 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.]****
--------------------
* Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for
sub-clause (b) (w.e.f. 16-6-1986)
** Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch
*** Ins. by the Constitution (Thirty-first Amendment) Act, 1973, s. 3
**** Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47 (w.e.f.
3-1-1977)
# Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 6, for
"2000" and "1971" respectively
## Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5, for
"1991"
· Article 331 :
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.
· Article 332 :
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 the case may be, in respect of which
seats are so reserved, bears to the total population of the State.
[(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 reserved 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.
(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.]##
--------------------
* Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 3, for
certain words (w.e.f. 16-6-1986)
** The words and letters "specified in Part A or Part B of the First
Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29
and Sch.
*** Ins. by the Constitution (Fifty-seventh Amendment) Act, 1987, s. 2 (w.e.f.
21-9-1987)
**** Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for
"2000"
***** Ins. by the Constitution (Seventy-second Amendment) Act, 1992, s. 2
(w.e.f. 5-12-1992)
# Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971
(81 of 1971), s. 71 (w.e.f. 21-1-1972)
## Ins. by the Constitution (Ninetieth Amendment) Act, 2003, s. 2
· Article 333 :
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]**.
--------------------
* The words "or Rajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch
** Subs. by the Constitution (Twenty-third Amendment) Act, 1969, s. 4, for
"nominate such number of members of the community to the Assembly as he
considers appropriate"
· Article 334 :
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 [seventy 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.
--------------------
* Subs. by the Constitution (Ninety-fifth Amendment) Act, 2009, s. 2, for
"sixty years" (w.e.f. 25-1-2010)
· Article 335 :
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.]
--------------------
* Ins. by the Constitution (Eighty-second Amendment) Act, 2000, s. 2. The words
and letters "specified in Part A or Part B of the First Schedule
· Article 336 :
Special provision for Anglo-Indian community in certain services
336. (1) 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.
(2) 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.
· Article 337 :
Special provision with respect to educational grants for the benefit of
Anglo-Indian 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 percent of the annual
admissions therein are made available to members of communities other than the
Anglo-Indian community.
--------------------
*The words and letters "specified in Part A or Part B of the First
Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29
and Sch
· Article 338 :
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 Castes **;
(c) to participate and advise on the planning process of socio-economic
development of the Scheduled Castes ** and to evaluate the progress of their
development under the Union and any State;
(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 Castes **; and
(f) to discharge such other functions in relation to the protection, welfare
and development and advancement of the Scheduled Castes ** 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 Castes **.]
[(10)]*** In this article, references to the Scheduled Castes ** shall be
construed as including references to such other backward classes as the
President may, on receipt of the report of a Commission appointed under clause
(1) of article 340, by order specify and also to the Anglo-Indian community.
--------------------
* Subs. by s. 2, ibid., for cls. (1) and (2) (w.e.f. 19-2-2004)
** The words "and Scheduled Tribes" omitted by s. 2, ibid. (w.e.f.
19-2-2004)
*** Cl. (3) renumbered as cl. (10) by the Constitution (Sixty-fifth Amendment)
Act, 1990, s. 2 (w.e.f. 12-3-1992)
· Article 338A :
National Commission for Scheduled Tribes
[338A. (1)
There shall be a Commission for the Scheduled Tribes to be known as the
National Commission for the Scheduled Tribes.
(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
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 Tribes 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;
(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 resident 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.]*
--------------------
* Ins. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 3 (w.e.f.
19-2-2004)
· Article 339 :
Control of 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.
(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.
--------------------
* The words and letters "specified in Part A and Part B of the First
Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29
and Sch
** Subs by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for
"any such State"
· Article 340 :
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.
· Article 341 :
Scheduled Castes
341. (1) The
President [may with respect to any State [or Union territory]**, and where it
is a State ***, after consultation with the Governor **** thereof,]* 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, as
the case may be]**.
(2) Parliament may by law include in or exclude from the list of Scheduled
Castes specified in a notification issued under clause (1) any caste, race or
tribe or part of or group within any caste, race or tribe, but save as
aforesaid a notification issued under the said clause shall not be varied by
any subsequent notification.
--------------------
* Subs. by the Constitution (First Amendment) Act, 1951, s. 10, for "may,
after consultation with the Governor or Rajpramukh of a State"
** Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch
*** The words and letters "specified in Part A or Part B of the First
Schedule" omitted by s. 29 and Sch., ibid
**** The words "or Rajpramukh" omitted by s. 29 and Sch., ibid
# See the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), the
Constitution (Scheduled Castes) (Union Territories) Order, 1951 (C.O. 32), the
Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956 (C.O. 52), the
Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962 (C.O. 64),
the Constitution (Pondicherry) Scheduled Castes Order, 1964 (C.O. 68), the
Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968 (C.O. 81) and
the Constitution (Sikkim) Scheduled Castes Order, 1978 (C.O. 110)
· Article 342 :
Scheduled Tribes
342. (1) The
President [may with respect to any State [or Union territory]**, and where it
is a State ***, after consultation with the Governor **** thereof,]* 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, as the case may be]**.
(2) Parliament may by law include in or exclude from the list of Scheduled
Tribes specified in a notification issued under clause (1) any tribe or tribal
community or part of or group within any tribe or tribal community, but save as
aforesaid a notification issued under the said clause shall not be varied by
any subsequent notification.
--------------------
* Subs. by the Constitution (First Amendment) Act, 1951, s. 11, for "may,
after consultation with the Governor or Rajpramukh of a State,"
** Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch
*** The words and letters "Specified in Part A or Part B of the First
Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29
and Sch
**** The words "or Rajpramukh" omitted by s. 29 and Sch., ibid
# See the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22), the
Constitution (Scheduled Tribes) (Union Territories) Order, 1951 (C.O. 33), the
Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 (C.O.
58), the Constitution (Dadra and Nagar Haveli) Scheduled Tribes Order, 1962
(C.O. 65), the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967
(C.O. 78), the Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968
(C.O. 82), the Constitution (Nagaland) Scheduled Tribes Order, 1970 (C.O. 88)
and the Constitution (Sikkim) Scheduled Tribes Order, 1978 (C.O. 111)