SPECIAL PROVISIONS RELATING TO CERTAIN
CLASSES
Article 330 - Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People
(1) Seats shall be
reserved in the House of the People for-
(a) the Scheduled Castes;
in the autonomous districts of Assam
(2) The number of seats reserved in any State 2
[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 3 [or Union territory] in the
House of the People as the population of the Scheduled Castes in the State 2
[or Union territory] or of the Scheduled Tribes in the State [or Union
territory] or part of the State 2 [or Union territory], as the case
may be, in respect of which seats are so reserved, bears to the total
population of the State2 [or Union territory].
4 [(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.]
5 [Explanation-- In this Article 332, the expression
"population" means the population as ascertained 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 6 [2026] have been published, be construed as a
reference to the 7 [2001] census.]
1. Substituted by the Constitution (Fifty-first
Amendment) Act, 1984, section 2 for sub-clause (b) (w.e.f.. 16-6-1986).
2. Inserted by the Constitution (Seventh Amendment) Act,
1956, section 29 and Schedule.
3. Inserted by the Constitution (Thirty-first Amendment)
Act, 1973, section 3 (w.e.f. 17.10.1973).
4. Inserted by the Constitution (Fourty-second
Amendment) Act, 1976, section 47 (w.e.f. 3-1-1977).
5. Substituted by the Constitution (Eighty Forth
Amendment) Act, 2001 section 6 for "2000" (w.e.f. 21-2-2002).
6. Substituted by the Constitution (Eighty Forth
Amendment) Act, 2001 section 6 for "1971" (w.e.f. 21-2-2002) and
again substituted by the Constitution (Eighty-seventh Amendment) Act, 2003, for
'1991' (w.e.f. 22-6-2003).
7. Substituted for "[1991]" by the
Constitution (Eighty-Seventh Amendment) Act, 2003 w.e.f. 22.06.2003.
Article 331 - Representation of the Anglo-Indian community in the House of the People
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 State
(1) Seats shall be reserved for the Scheduled
Castes and the Scheduled Tribes,1[except the Scheduled Tribes in the
autonomous districts of Assam
(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.
3[(3 A) Notwithstanding anything contained in
clause ( 3 ), until the taking effect, under Article 170 , of the
re-adjustment, on the basis of the first census after the year4[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
existing Assembly.]
5[(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 year4[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 scats 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 district6[***].
(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 district6[***].
7[ 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 the Bodoland Territorial Areas District, shall be
maintained.]
Article 333 - Representation of the Anglo-Indian community in the Legislative Assemblies of the States
Notwithstanding anything in Article 170, the Governor1[***] 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,2[nominate one member of that community to the
Assembly].
1.
The words "or the Rajpramukh" omitted by the Constitution (Seventh
Amendment) Act, 1956 section 29 and Schedule.
2. Substituted by the Constitution (Twenty-third
Amendment) Act, 1969, section 4, for "nominate such number of members
of the community to the assembly as he considers
appropriate". (w.e.f. 23-1-1970).
Article
334 - Reservation of seats and special representation to cease after sixty
years
334. Reservation of
seats and special representation to cease after1[sixty years]
Notwithstanding
anything in the foregoing provisions of this Part, the provisions of
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 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 of1[sixty 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.
1.
Substituted by the Constitution (Sixty-second
Amendment) Act, 1989, section 2, for "forty years" (w.e.f.20-12-1989),
and again substituted by the Constitution (Seventy-ninth Amendment) Act, 1999,
section 2 for "fifty years" (w.e.f. 25-1-2000).
Article
335 - Claims of Scheduled Castes and Scheduled Tribes to services and posts
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:
1[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.]
1.
Inserted by the Constitution (Eighty-second
Amendment) Act, 2000, section 2 (w.e.f. 8-9-2000).
Article 336 - Special provision for Anglo-Indian community in certain services
(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
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 State1[***]
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 per cent of annual admissions therein are
made available to members of communities other than the Anglo-Indian community.
1.
The words and letters "specified in Part
A or Part B of the First Schedule" omitted by the Constitution (Seventh
Amendment) Act, 1956, section 29 and Schedule.
Article
338 - National Commission for Scheduled Castes
1 [338. National Commission for Scheduled Castes]
2 [3 (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 4 [***] 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 4 [***];
(c) to participate
and advise on the planning process of socio-economic development of the
Scheduled Castes 4 [***]and to evaluate the progress of their
development under the Union and any State; the Scheduled Castes 4
[***]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; 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 4 [***]; and
(f) to discharge
such other functions in relation to the protection, welfare and development and
advancement of the Scheduled Castes 4 [***] as the President may,
subject to the provisions of any law made by Parliament, by the 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 mailer 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
(b) requiring the
discovery and production of any documents;
(c) receiving
evidence on affidavits;
(d) requisitioning
any public 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 4
[***].]
5 [(10)] In this Article,
references to the Scheduled Castes 4 [***] 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.
1. Substituted by the Constitution (Sixty-fifth
Amendment) Act, 1990, section 2 (w.e.f. 12-3-1992) and again substituted by the
Constitution (Eighty-ninth Amendment) Act, 2003, section 2, for the marginal
heading "National Commission for Scheduled Castes and Scheduled
Tribes" (w.e.f. 19.2.2004).
2. Substituted by the
Constitution (Eighty-ninth Amendment) Act, 2003, section 2, for the marginal heading
"National Commission for Scheduled Castes and Scheduled Tribes"
(w.e.f. 19.2.2004).
3. Substituted by the Constitution (Eighty-Ninth
Amendment) Act, 2003 section 2 for clauses (1) and (2) (w.e.f. 19-2-2004).
4. The Words "and Scheduled Tribes" omitted
by Constitution (Eighty-Ninth Amendment) Act, 2003 section 2 (w.e.f.
19-2-2004).
5. Clause (3) renumbered
as clause (10) by the Constitution (Sixty-fifth Amendment) Act, 1990, section 2
(w.e.f. 12.3.1992).
Article
338A - National Commission for Scheduled Tribes
1[338A. National Commission for Scheduled
Tribes
(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 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
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 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
(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.]
1. Inserted by Constitution
(Eighty-Ninth Amendment) Act, 2003, section 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
(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 States1[***].
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 to2[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.
1. The words and letters "specified in Part A
or Part B of the First Schedule" omitted by the Constitution (Seventh
Amendment) Act, 1956, section 29 and Schedule.
2.
Substituted by the Constitution (Seventh Amendment) Act, 1956, section 29 and
Schedule for "any such State".
Article 340 - Appointment of a Commission to investigate the conditions of backward classes
(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
(1) The President 1
[may with respect to any State 2 [or Union territory], and where it
is a State 3 [***] after consultation with the Governor 4
[***] thereof], by public notification5 ,specify the castes, races
or tribes or parts of or group within castes, races or tribes which shall for
the purposes of this Constitution be deemed to be Scheduled Castes in relation
to that State 2 [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.
1.
Substituted by the Constitution (First Amendment) Act, 1951, section 10 for
"may, after consultation with the Governor or Rajpramukh of a State".
2.
Inserted by the Constitution (Seventh Amendment) Act, 1956, section 29 and
Schedule.
3.
The words and letters "specified in Part A or Part B of the First
Schedule" omitted by the Constitution (Seventh Amendment) Act, 1956,
section 29 and Schedule.
4.
The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, section 29 and Schedule.
5. 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
(1) The President 1 [may with
respect to any State 2 [or Union territory], and where it is a State
3 [***] after consultation with the Governor 4 [***]
thereof, by public notification5 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 6 [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.
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