Describe the various special provisions in the constitution relating to scheduled castes, scheduled…

Question

Describe the various special provisions in the constitution relating to scheduled castes, scheduled tribes, backward classes and Anglo-Indians.

Ghissu Editorial · Accepted Answer

The Constitution grants SCs and STs reserved legislative seats (Articles 330 and 332), service reservations (Articles 16(4) and 335), presidential lists (Articles 341 and 342) and national commissions, with similar provisions for backward classes, and once gave Anglo-Indians nominated seats. The 104th Amendment ended Anglo-Indian nomination in January 2020.

**Introduction**

The Constitution enshrines special provisions for Scheduled Castes⟦1⟧ (SCs), Scheduled Tribes (STs), Backward Classes (BCs), and Anglo-Indians to promote social justice and equality, as reflected in Part XVI (Articles 330 to 342A).

**Scheduled Castes**

1. **Reservation and Specification**: Article 341 empowers the President to specify SCs, with parliamentary approval for changes; Articles 330 and 332 reserve seats in legislatures proportional to SC population; Articles 16(4) and 335 govern reservation in services; Article 338 establishes the National Commission for Scheduled Castes.

2. **Judicial Interpretation**: In Bhaiyalal v. Harikishan Singh and Ors (Civil Appeal No.765 of 1964) and B. Basavalingappa v. D. Munichinnappa (Civil Appeal No.401 of 1964), the Supreme Court held that the President's list under Article 341 is final and can be changed only by Parliament, not by courts.

**Scheduled Tribes**

1. **Constitutional Safeguards**: Article 342 empowers the President to specify STs; Articles 330 and 332 reserve legislative seats; Articles 16(4) and 335 govern reservation in services; Article 338A establishes the National Commission for Scheduled Tribes.

2. **Regional Focus**: The commission addresses tribal issues, including in tribal areas of ==Andhra Pradesh==.

**Backward Classes**

1. **Reservation and Identification**: Article 16(4) authorizes reservations; the 102nd Amendment empowers the President to specify backward classes; Article 338B establishes the National Commission for Backward Classes.

2. **Commissions and Data**: The Kalelkar Commission and the Mandal (Second Backward Classes) Commission have contributed to identifying backward classes and guiding policy, including in ==Andhra Pradesh==.

**Anglo-Indians**

1. **Representation**: Articles 331 and 333 provided for nominated Anglo-Indian members in legislatures to ensure representation, a provision that lapsed in January 2020 under the 104th Amendment.

**Conclusion**

These provisions, backed by commissions and judicial rulings, safeguard the rights and promote the welfare of marginalized groups in India.

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