Special Provisions Relating to Certain Classes

(Articles 330–342A, Part XVI)

Introduction

Let us understand this chapter with a simple thought:
👉 If Indian society is unequal, then treating unequals equally will only deepen inequality.
So, the Constitution provides “special provisions” to uplift historically disadvantaged classes.

These provisions cover:

Scheduled Castes (SCs)
Scheduled Tribes (STs)
Other Backward Classes (OBCs)
Anglo-Indian community

This entire protective framework is built on the principles of equality, justice, and social empowerment.

Why Special Provisions?

Think of Part XVI as a “corrective toolkit”—
Some tools protect these communities, and some help them progress.

The Constitution designs special provisions under six heads:

Reservation in Legislatures
Special Representation in Legislatures
Reservation in Services and Posts
Educational Grants
National Commissions
Commissions of Investigation

These provisions fall into two categories:

1. Permanent Provisions

Those that are essential for structural equality and continue indefinitely
(e.g., National Commissions for SCs, STs, BCs).

2. Temporary Provisions

Those designed only for a limited period
(e.g., reservation of SC/ST seats in legislatures).

Specification of Classes

A crucial point:
👉 The Constitution does NOT list the SCs, STs, or OBCs directly.

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

The President specifies which castes/tribes are considered SCs or STs in each state/UT.
For states, the President must consult the Governor.
BUT:
➤ Inclusion or exclusion in these lists can be done only by Parliament,
not by the President alone after the initial notification.

This ensures parliamentary scrutiny, consistency, and uniformity.

2. Other Backward Classes (OBCs)

Earlier, OBC lists were based on executive orders and commission reports.

The Constitution was amended to settle the question of “Who decides OBCs?”

102nd Constitutional Amendment (2018)

Gave the President the power to specify SEBCs for each state/UT.
Created a Central List.

But this created confusion—did the Centre take away states’ power?

105th Constitutional Amendment (2021)

Restored states’ power.
Now:
- President prepares the Central List of OBCs
  (only for Central Government purposes).
- States/UTs prepare and maintain their own lists
  (only for state purposes).

The two lists can differ.

👉 Example: A caste may be OBC in a State List but not in the Central List.

3. Anglo-Indian Community – Who Are They?

The Constitution uniquely defines who qualifies:

A person is Anglo-Indian if:

Their father or male ancestor was of European descent,
They are domiciled in India,
Born in India to parents living here not temporarily.

Special Provisions for SCs and STs

1. Reservation in Legislatures

Seats are reserved for SCs/STs in:

Lok Sabha
State Legislative Assemblies

Based strictly on population proportion.

Originally meant for 10 years (till 1960), but extended repeatedly.
Latest extension → 104th Amendment Act (2019) → Valid till 2030.

2. Representation in Services and Posts

Appointments in Central and State Services must consider SC/ST claims.
Efficiency must not be compromised.

To support this:

82nd Amendment Act (2000) allows relaxation in:
- Qualifying marks
- Standards of evaluation
  in promotional reservations.

Thus, SC/ST representation can be improved without violating constitutional equality.

3. National Commissions for SCs & STs

Under Articles:

338 → National Commission for Scheduled Castes
338A → National Commission for Scheduled Tribes

Earlier, a single combined commission existed.

89th Amendment Act (2003) separated them.

These commissions:

Investigate implementation of safeguards
Advise Government
Submit reports to the President
Reports are placed before Parliament with Action Taken Report

4. Administration of Scheduled Areas & Welfare of STs

The Union has a supervisory role.

The President must:

Appoint a Commission to report on Scheduled Areas administration
First Commission → 1960, headed by U.N. Dhebar
Second Commission → 2002, chaired by Dilip Singh Bhuria

Additionally:

Union may direct states to carry out welfare schemes for STs.

This ensures national-level oversight in tribal welfare.

Special Provisions for Backward Classes (OBCs)

1. National Commission for Backward Classes

Initially set up by an Act in 1993.

102nd Amendment Act (2018) gave it constitutional status.
Inserted Article 338B.

Functions include:

Investigating safeguards
Advising on policy
Submitting reports to the President
Reports placed before Parliament

2. Commissions to Investigate BC Conditions

President may appoint commissions for in-depth study of backward classes.

Two such commissions:

(a) First Backward Classes Commission (1953)

Chair: Kaka Kalelkar
Submitted report in 1955
Rejected due to impractical recommendations and internal disagreements.

(b) Second Backward Classes Commission (1979)

Chair: B.P. Mandal
Submitted report in 1980
Recommendations implemented in 1990 (27% reservation for OBCs).

This is popularly known as the Mandal Commission.

Special Provisions for Anglo-Indians

1. Special Representation in Legislatures (Now Discontinued)

Earlier:

President could nominate 2 Anglo-Indians to the Lok Sabha.
Governor could nominate 1 Anglo-Indian to the State Assembly.

Originally for 10 years → extended repeatedly.

Final extension: 95th Amendment Act, 2009 → till 2020.

👉 104th Amendment Act (2019) discontinued these nominations.
Effective: 25 Jan 2020.

This marked the end of special Anglo-Indian representation.

2. Special Provisions in Services & Grants (Ended in 1960)

Before independence, Anglo-Indians had reserved posts in:

Railways
Customs
Postal service
Telegraph

And special educational grants.

These continued temporarily after 1950 but phased out completely by 1960.

3. National Commission for SCs – Role for Anglo-Indians

The National Commission for SCs also oversees safeguards for Anglo-Indians:

Investigates all legal and constitutional protections
Reports to the President

Thus, Anglo-Indians are included within the Commission’s monitoring purview.

Conclusion

Part XVI of the Constitution reflects India’s commitment to:

Correcting historical injustices
Expanding representation
Ensuring social justice
Creating a level playing field

It balances both protective measures (shielding from exploitation)
and developmental measures (promoting socio-economic growth).

Articles Related to Special Provisions for Certain Classes

Article No.	Subject-matter
330	Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People
331	Representation of the Anglo-Indian community in the House of the People
332	Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States
333	Representation of the Anglo-Indian community in the Legislative Assemblies of the States
334	Reservation of seats and special representation to cease after certain period
335	Claims of Scheduled Castes and Scheduled Tribes to services and posts
336	Special provision for Anglo-Indian community in certain services
337	Special provision with respect to educational grants for the benefit of Anglo-Indian community
338	National Commission for Scheduled Castes
338A	National Commission for Scheduled Tribes
338B	National Commission for Backward Classes
339	Control of the Union over the administration of scheduled areas and the welfare of Scheduled Tribes
340	Appointment of a commission to investigate the conditions of backward classes
341	Scheduled Castes
342	Scheduled Tribes
342A	Socially and Educationally Backward Classes