Polity (Special Provisions Relating to Certain Classes)

The Constitution of India includes specific provisions for Scheduled Castes (SCs), Scheduled Tribes (STs), Backward Classes (BCs), and Anglo-Indians to ensure equality and justice as stated in the Preamble. These provisions, outlined in Part XVI of the Constitution (Articles 330-342A), cover:

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

These provisions are classified into Permanent and Temporary (based on their longevity) and Protective and Developmental (focusing on protection from exploitation or socio-economic promotion).

Special Provisions by Class

1. Scheduled Castes (SCs) and Scheduled Tribes (STs)

• Reservation in Legislatures: Seats in the Lok Sabha and State Legislative Assemblies are reserved based on SC/ST population ratios. Originally set for ten years, this provision has been extended multiple times, with the latest extension lasting until 2030 (104th Amendment, 2019).
• Claims to Services and Posts: SCs and STs are given priority in public service appointments while maintaining administrative efficiency. The 82nd Amendment Act (2000) allows for relaxation in qualifying marks and lowered standards in exams for SCs/STs for reservation in promotions.
• National Commissions: Separate National Commissions for SCs and STs, mandated by the President, investigate constitutional safeguards and report to Parliament. Established under Article 338 (SCs) and 338-A (STs), the commissions work to ensure the rights of these communities are upheld.
• Union Control Over Scheduled Areas: The President can appoint commissions to assess scheduled areas’ administration and ST welfare, such as the Dhebar Commission (1961) and the Shuria Commission (2004).

2. Backward Classes (BCs)

• National Commission for Backward Classes: Set up in 1993 and granted constitutional status in 2018 (102nd Amendment, Article 338-B). The Commission investigates and reports on constitutional safeguards for BCs.
• Investigation Commissions: The President can appoint commissions to assess the conditions of socially and educationally BCs and recommend improvements. Two notable commissions were led by Kaka Kalelkar (1953) and B.P. Mandal (1979), the latter recommending a 27% reservation in government jobs for BCs, implemented in 1990.

3. Anglo-Indians

• Special Representation in Legislatures: Before 2020, the President and State Governors could nominate Anglo-Indian representatives to the Lok Sabha and State Assemblies if they lacked adequate representation. This provision, last extended until 2020, ceased under the 104th Amendment Act (2019).
• Service and Educational Grants: Initially, Anglo-Indians had reserved posts in certain services (e.g., railway, customs) and received educational grants. These were gradually phased out, ending by 1960.
• National Commission for SCs’ Role: The National Commission for SCs also oversees issues relating to the Anglo-Indian community, ensuring constitutional and legal safeguards are effective.

Summary of Key Constitutional Articles Related to Special Provisions

In-depth Analysis of Key Provisions and Amendments

1. Special Provisions for Scheduled Castes (SCs) and Scheduled Tribes (STs)

• Temporary vs. Permanent Provisions: Some provisions are permanent, while others are temporary and require regular extension. For example, reservations in legislatures initially had a 10-year limit, which has been extended consistently since the 1950s. This ensures that SCs and STs have continued representation in government.
• Protective and Developmental Aims: The provisions are both protective (safeguarding SCs/STs from discrimination) and developmental (promoting social and economic welfare). For instance, relaxing exam standards (as per the 82nd Amendment) aims to bridge gaps in educational outcomes, while reserved legislative seats help them influence policies that affect their communities.
• Role of the President and Parliament: The President holds the authority to specify SCs and STs in each state, consulting state governors as necessary. However, any changes to the SC/ST lists (additions or removals) can only be enacted by Parliament. This centralization ensures consistency in defining these communities across states.

2. Special Provisions for Backward Classes (BCs)

• Significant Commissions for BCs:
  • Kaka Kalelkar Commission (1953): This was the first attempt to define and address backwardness in India, but its recommendations were not implemented due to concerns about the clarity and practicality of its criteria.
  • Mandal Commission (1979): Led by B.P. Mandal, this commission had a more focused approach, introducing the 27% reservation in government jobs for Other Backward Classes (OBCs), implemented in 1990. This reservation aimed at increasing representation of OBCs in government services.
• 102nd Amendment Act (2018): This Act elevated the National Commission for BCs to constitutional status, formalizing its role in investigating issues related to BC welfare and ensuring that BC’s rights are upheld.
• Central and State Lists: While the Central List of OBCs applies to central government services, states maintain their own lists, allowing for region-specific classifications. The 105th Amendment (2021) reaffirmed state authority in this domain, ensuring that local socio-economic contexts are reflected in state lists.

3. Special Provisions for Anglo-Indians

• Representation in Legislatures: The Constitution allowed the President and state Governors to nominate Anglo-Indian representatives in cases of inadequate representation. However, this provision was discontinued by the 104th Amendment Act in 2019, marking the end of a unique representational measure designed for a specific minority community.
• Educational and Service Provisions: Prior to independence, Anglo-Indians had reserved positions in services like railways and received educational grants. These provisions were phased out by 1960, as Anglo-Indians became more integrated into general Indian society.
• Oversight by the National Commission for SCs: The National Commission for SCs is also tasked with safeguarding the Anglo-Indian community’s rights. It monitors the implementation of constitutional safeguards for this group, ensuring that Anglo-Indians can access their rights on par with other communities.

Summary of Major Amendments Impacting Special Provisions

1. 82nd Amendment (2000):
   • Allowed relaxation in qualifying marks for SC/ST candidates in exams for government service, acknowledging educational disadvantages and aiming to increase representation in public sector jobs.
2. 89th Amendment (2003):
   • Separated the National Commission for SCs and STs into two distinct bodies, recognizing the specific needs and challenges of each group.
3. 102nd Amendment (2018):
   • Granted constitutional status to the National Commission for BCs, enhancing its authority to address BC issues at a national level.
4. 104th Amendment (2019):
   • Extended SC/ST reservations in legislatures until 2030 while discontinuing special representation for Anglo-Indians in the Lok Sabha and State Legislative Assemblies.
5. 105th Amendment (2021):
   • Re-affirmed states’ rights to manage and maintain their own lists of socially and educationally backward classes, ensuring that regional differences are acknowledged in BC classifications.