Rajasthan

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Special Provisions Relating to Certain Classes ​

  • To realize the objectives of equality and justice, the Constitution makes special provisions for:

    • Scheduled Castes (SCs)
    • Scheduled Tribes (STs)
    • Backward Classes (BCs)
    • Anglo-Indians

    These provisions are in Part XVI (Articles 330 to 342A).

  • Related to:

    1. Reservation in Legislatures
    2. Special Representation in Legislatures
    3. Reservation in Services and Posts
    4. Educational Grants
    5. Appointment of National Commissions
    6. Appointment of Commissions of Investigation

  • Classified into:

    • Permanent and Temporary: Some are permanent; others operate for a specified period.
    • Protective and Developmental: Some protect from injustice and exploitation; others promote socio-economic interests.

Specification of Classes ​

  • The Constitution does not specify the castes or tribes to be called SCs or STs.

    • The President has the power to specify which castes or tribes in each state and union territory are to be treated as SCs and STs.
    • Lists vary from state to state and union territory.
    • The President issues the notification after consulting the governor of the state concerned.
    • Inclusion/exclusion can only be done by Parliament, not by subsequent Presidential notification.

  • The Constitution has not specified the classes of citizens who are to be called the socially and educationally backward classes, also known as Other Backward Classes (OBCs).

    • The 102nd Amendment Act of 2018 provided that the President may specify the socially and educationally backward classes.
    • The 105th Amendment Act of 2021 modified the above provision by providing that the President may specify the socially and educationally backward classes.

  • The 105th Amendment Act of 2021 explained that the expression "Central List" means the list of socially and educationally backward classes prepared and maintained by and for the central government.

  • The 105th Amendment Act of 2021 empowered a state or union territory to prepare and maintain a list of socially and educationally backward classes for its own purposes.

  • Unlike SCs, STs, and OBCs, the Constitution defines Anglo-Indians.

    • Anglo-Indian: A person whose father or any other male progenitor in the male line is or was of European descent but who is domiciled within India and born within such territory of parents habitually resident therein and not established there for temporary purposes.

Special Provisions for SCs and STs ​

  1. Reservation in Legislatures:

    • Seats reserved in Lok Sabha and state legislative assemblies based on population ratios.
    • Originally for ten years, extended to last until 2030 (104th Amendment Act of 2019).

  2. Claims to Services and Posts:

    • Claims are considered in appointments to public services.
    • The 82nd Amendment Act of 2000 allows for relaxation in qualifying marks or lowering of evaluation standards for SCs and STs in promotions.

  3. National Commissions:

    • The President sets up a National Commission for SCs (Article 338) and STs (Article 338-A) to investigate constitutional safeguards and report to him/her.
    • Reports are placed before Parliament with action taken memorandum.
    • Previously, there was a combined National Commission for SCs and STs, bifurcated by the 89th Amendment Act of 2003.

  4. Control of the Union over the Administration of Scheduled Areas and the Welfare of STs:

    • The President appoints a commission to report on the administration of scheduled areas and the welfare of STs.
    • The Centre can give directions to a state regarding schemes for the welfare of STs.

Special Provisions for BCs ​

  1. National Commission for BCs:

    • Set up in 1993 by an Act of Parliament.
    • Constitutional status conferred by the 102nd Amendment Act of 2018 (Article 338-B).
    • The President should set up a National Commission for the socially and educationally BCs to investigate all matters relating to the constitutional safeguards for the socially and educationally BCs and to report to him/her.
    • Reports are placed before Parliament with action taken memorandum.

  2. Commission to Investigate Conditions:

    • The President may appoint a commission to investigate conditions of socially and educationally backward classes and to recommend the steps to improve their condition.
    • The report of the commission is to be placed before the Parliament, along with action taken memorandum.
    • Two commissions have been appointed so far.
      • The first backward classes commission was appointed in 1953 under the chairmanship of Kaka Kalelkar.
      • The second Backward Classes Commission was appointed in 1979 with B.P. Mandal as chairman.

Special Provisions for Anglo-Indians ​

  1. Special Representation in Legislatures:

    • Before 2020, the President nominated two members to the Lok Sabha, and the Governor nominated one member to the State Legislative Assembly, if not adequately represented.
    • The 104th Amendment Act, 2019, discontinued this provision.

  2. Services and Educational Grants:

    • Before independence, certain posts were reserved in the railway, customs, postal and telegraph services.
    • Anglo-Indian educational institutions received special grants.
    • Both benefits were allowed to continue but ended in 1960.

  3. National Commission for SCs vis-a-vis Anglo-Indians:

    • The National Commission for SCs is also required to discharge similar functions with regard to the Anglo-Indian community as it does with respect to the SCs.
    • The commission has 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.