Special Provisions for Scheduled Castes, Scheduled Tribes, Backward Classes, and Anglo-Indians under Part XVI (Articles 330–342) of the Indian Constitution. Important for UPSC Polity and competitive exams.

The Indian Constitution ensures equality and justice by providing special constitutional provisions for the Scheduled Castes (SCs), Scheduled Tribes (STs), Backward Classes (BCs) and the Anglo-Indian community. These safeguards, primarily contained in Part XVI (Articles 330–342), aim to protect vulnerable groups and promote inclusive growth for students of polity and aspirants preparing for competitive exams.

Special Constitutional Provisions for SCs, STs, BCs, and Anglo-Indians in India

• The Constitution lays down targeted measures to safeguard disadvantaged communities.
  • (i) Reservation in legislatures
  • (ii) Special representation in legislative bodies
  • (iii) Reservation in services and posts
  • (iv) Educational grants
  • (v) Appointment of national commissions
  • (vi) Appointment of commissions of investigation

• Classification of Special Provisions under Indian Constitution

  • (a) Permanent and Temporary: Some provisions are permanent in nature, while others apply only for a fixed duration.
  • (b) Protective and Developmental: While some aim to protect communities from injustice, others focus on promoting socio-economic interests.

• Specification of SCs, STs, BCs, and Anglo-Indian Community

  • Scheduled Castes (SCs) and Scheduled Tribes (STs)

    • The Constitution does not directly list SCs or STs; instead, the President specifies them through notifications for each state and union territory.
    • Any inclusion or exclusion in these lists requires Parliamentary approval, not just Presidential order.
    • Several Presidential orders have been issued and amended by Parliament to update the lists.

  • Backward Classes (BCs)

    • The Constitution avoids a uniform definition of BCs.
    • The term refers to Other Backward Classes (OBCs) excluding SCs and STs.
    • The Central Government is empowered to specify these groups.

  • Anglo-Indian Community

    • An Anglo-Indian is defined as a person with paternal European descent, domiciled and born in India, not temporarily residing.

• Key Components of Special Provisions

  • Reservation and Representation in Legislatures

    • Seats are reserved for SCs and STs in the Lok Sabha and state assemblies proportional to population.
    • The President may nominate up to two Anglo-Indians to the Lok Sabha; Governors may nominate one in state assemblies.
    • Initially valid for 10 years (till 1960), these provisions were extended repeatedly; under the 95th Constitutional Amendment Act, 2009, they were continued till 2020.

    • Reasons for Extension under the 95th Amendment

      • (i) Article 334 mandated expiry after 60 years (by 25th January 2010) unless renewed.
      • (ii) Despite progress, the need for protective measures for SCs, STs, and Anglo-Indians persisted.
      • (iii) Anglo-Indians, being a tiny scattered minority, required nomination for fair representation.

  • Reservation in Services and Posts

    • SCs and STs’ claims are considered in public service appointments while ensuring efficiency.
    • The 82nd Constitutional Amendment Act, 2000 enabled relaxation in qualifying marks and promotion-related reservations.

  • Special Provisions for Anglo-Indians in Services and Education

    • Before independence, Anglo-Indians had reserved posts in railways, customs, postal, and telegraph services.
    • They also received educational grants, both of which were gradually phased out by 1960.

  • National Commissions for SCs and STs

    • Article 338: National Commission for SCs to monitor constitutional safeguards.
    • Article 338A: National Commission for STs with similar powers.
    • The 89th Amendment Act, 2003 split the earlier joint body into two commissions.
    • The SC Commission also covers OBCs and Anglo-Indians in its scope.

  • Union Control over Scheduled Areas and ST Welfare

    • The President must appoint commissions on scheduled areas’ administration and ST welfare.
    • 1960: U.N. Dhebar Commission; 2002: Dilip Singh Bhuria Commission (reported in 2004).
    • The Union can direct states on ST welfare schemes.

  • Commissions for Backward Classes

    • The President may set up commissions to study BCs’ conditions and suggest remedies.
    • (i) Kaka Kalelkar Commission (1953) – Report in 1955, but considered vague and impractical.
    • (ii) B.P. Mandal Commission (1979) – Report in 1980, implemented in 1990 granting 27% reservation in government jobs.

• Articles Related to Special Provisions for Certain Classes

  • Article 330: Reservation of seats for SCs & STs in Lok Sabha
  • Article 331: Anglo-Indian representation in Lok Sabha
  • Article 332: Reservation in state assemblies for SCs & STs
  • Article 333: Anglo-Indian representation in state assemblies
  • Article 334: Reservation & special representation valid for 70 years
  • Article 335: Claims of SCs & STs in services and posts
  • Article 336: Special provision for Anglo-Indians in services
  • Article 337: Educational grants for Anglo-Indians
  • Article 338: National Commission for SCs
  • Article 338A: National Commission for STs
  • Article 339: Union’s control over scheduled areas & ST welfare
  • Article 340: Commission for Backward Classes
  • Article 341: Specification of SCs
  • Article 342: Specification of STs