Rationale for Special Provisions
To fulfill the Constitution's commitment to equality and justice—as enshrined in the Preamble—India has instituted targeted measures for historically disadvantaged groups, including the Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and Anglo-Indians. These provisions, spanning Articles 330 to 342A in Part XVI of the Constitution, address systemic inequities through mechanisms such as reservations in legislatures, special representation in legislative bodies, quotas in government services and posts, educational grants, the establishment of national commissions, and commissions of inquiry.
These safeguards fall into two broad categories, reflecting their dual purpose. First, they are distinguished as permanent or temporary: certain provisions form an enduring part of the constitutional framework, while others are time-bound, designed to phase out as social progress advances. Second, they serve protective and developmental roles: some shield these communities from injustice and exploitation, while others actively promote their socio-economic advancement, fostering inclusion and empowerment in a diverse nation.
Specification of Classes
The Indian Constitution wisely avoids rigidly defining the castes and tribes qualifying as Scheduled Castes (SCs) or Scheduled Tribes (STs). Instead, it empowers the President to identify these groups for each state and Union Territory, resulting in lists that differ across regions to reflect local demographics and histories. For states, the President consults the relevant governor before issuing such notifications. Importantly, any addition or removal from these lists requires parliamentary approval through legislation, preventing unilateral changes via subsequent presidential orders. Over the years, Presidents have promulgated multiple such notifications, with Parliament amending them as needed to ensure accuracy and equity.
A parallel approach governs the identification of Other Backward Classes (OBCs)—socially and educationally backward citizens. The Constitution itself does not enumerate these classes, but the 102nd Constitutional Amendment Act, 2018 granted the President authority to specify them for states or Union Territories, again after consulting the state governor where applicable. As with SCs and STs, alterations to the Central List of OBCs demand parliamentary action, safeguarding the process from executive overreach.
In contrast, the Constitution provides a precise definition for the Anglo-Indian community, distinguishing it from these other groups. An Anglo-Indian is someone whose father or any male progenitor in the male line is or was of European descent, yet who is domiciled in India—born there to parents habitually resident, not merely present temporarily. This clarity underscores the framers' intent to recognize distinct historical communities while delegating flexibility for others.
Reservations for SCs, STs and Anglo-Indians
India's Constitution ensures representation for historically marginalized groups through targeted provisions in its legislatures. Seats in the Lok Sabha and state legislative assemblies are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population, guaranteeing their voice in national and state lawmaking.
A unique mechanism addresses the underrepresentation of the Anglo-Indian community. The President may nominate up to two members from this community to the Lok Sabha if it lacks adequate representation. Similarly, a state governor can nominate one Anglo-Indian member to the relevant legislative assembly. This special provision stems from the community's distinct religious, social, and linguistic minority status. As a numerically tiny and geographically dispersed group across India, Anglo-Indians would struggle to secure seats through general elections alone.
These safeguards—reservations for SCs and STs, plus nominations for Anglo-Indians—were initially temporary, set to expire after ten years from the Constitution's commencement in 1950. Parliament has repeatedly extended them by ten-year increments. The 95th Constitutional Amendment Act, 2009, prolonged these measures until January 25, 2020.
The extension was necessitated by Article 334, which mandates that such reservations and nominations cease after sixty years unless renewed. Without action, they would have lapsed on January 25, 2010. Although SCs and STs have advanced significantly over these decades, the original rationale from the Constituent Assembly persists: systemic barriers demand continued affirmative action. Thus, the amendment wisely balanced progress with the need for sustained equity, extending protections for another decade.
2. Claims of SCs and STs to Services and Posts
Article 335 of the Indian Constitution mandates that the claims of the Scheduled Castes (SCs) and Scheduled Tribes (STs) must be considered in appointments to public services under the Centre and the states. This provision ensures representation for these communities while upholding the efficiency of administration as a core principle.
A notable exception came through the 82nd Constitutional Amendment Act, 2000, which empowers Parliament and state legislatures to make special provisions for SCs and STs. These include relaxing qualifying marks in examinations or lowering evaluation standards specifically for reservations in promotions within public services. This amendment addressed judicial concerns over such relaxations, balancing equity with administrative needs.
Special Provisions for Anglo-Indians in Services and Education
Prior to India's independence, the Anglo-Indian community—descendants of mixed European and Indian ancestry—enjoyed reserved positions in key central services, including the railways, customs, postal, and telegraph departments. Their educational institutions also received special grants from both the central government and state authorities. Recognizing these historical privileges, the Constitution allowed them to persist temporarily, but on a progressive diminution basis—meaning the reservations and grants were systematically scaled back over time. By 1960, both benefits had fully lapsed, marking the end of these transitional safeguards.
National Commissions for Scheduled Castes and Scheduled Tribes
Under Article 338 of the Constitution, the President is mandated to establish a National Commission for Scheduled Castes (NCSC). This body investigates all matters pertaining to the constitutional and legal safeguards provided for Scheduled Castes (SCs) and submits reports directly to the President. Similarly, Article 338A requires the creation of a separate National Commission for Scheduled Tribes (NCST) to perform analogous functions for Scheduled Tribes (STs), ensuring focused oversight of their protections.
The President must lay these reports before Parliament, accompanied by a memorandum detailing the actions taken or proposed. This mechanism evolved from an earlier combined National Commission for Scheduled Castes and Scheduled Tribes, which the 89th Constitutional Amendment Act, 2003, separated into two distinct entities to address the unique needs of each group more effectively.
In addition, the NCSC extends its mandate to the Anglo-Indian community, inquiring into the working of their constitutional and legal safeguards and reporting findings to the President, thereby broadening its protective role.
National Commission for Backward Classes
The National Commission for Backward Classes (NCBC) traces its origins to 1993, when Parliament established it through a dedicated statute. This body received elevated constitutional status via the 102nd Constitutional Amendment Act, 2018, which introduced a new provision, Article 338B, into the Constitution.
This article directs the President to constitute the NCBC specifically for socially and educationally backward classes. The Commission's core mandate is to examine and inquire into all matters concerning the constitutional and legal safeguards available to these classes, while also making recommendations to promote their welfare. It submits its reports directly to the President, who is required to table them before both Houses of Parliament, accompanied by a memorandum detailing the action taken or proposed on each report. This mechanism ensures parliamentary oversight and accountability in addressing the concerns of backward classes.
Union's Oversight of Scheduled Areas and Scheduled Tribes' Welfare
The Indian Constitution empowers the Union government with significant control over the administration of Scheduled Areas and the welfare of Scheduled Tribes (STs). A key mechanism is the President's authority to appoint a commission tasked with reviewing the administration of these areas and the overall welfare of STs across states. While the President may constitute such a commission at any time, the Constitution mandates its formation within ten years of the document's commencement.
The first such commission was duly appointed in 1960, under the chairmanship of U.N. Dhebar, and it submitted its comprehensive report the following year. After a gap of over four decades, a second commission was established in 2002, led by Dilip Singh Bhuria, which delivered its findings in 2004. These reports have served as vital benchmarks for policy formulation in tribal regions.
Beyond commissions, the Centre's executive authority extends to issuing binding directions to states. This ensures the effective design and implementation of welfare schemes specifically for STs, reinforcing the Union's role in safeguarding these vulnerable communities.
Article 340 Backward Classes Commissions
Under Article 340 of the Indian Constitution, the President is empowered to appoint a commission to investigate the conditions of socially and educationally backward classes and recommend measures to uplift them. The commission's report must be laid before Parliament, accompanied by a memorandum outlining the action taken.
The first such Backward Classes Commission, chaired by Kaka Kalelkar, was established in 1953 and submitted its findings in 1955. However, its recommendations gathered dust, dismissed as overly vague and impractical, compounded by deep divisions among members over how to define backwardness.
A decade later, the second Backward Classes Commission, popularly known as the Mandal Commission and headed by B.P. Mandal, was appointed in 1979. It delivered its report in 1980, advocating significant affirmative action. These proposals remained shelved for another decade until the V.P. Singh government, in 1990, announced a 27 percent reservation for Other Backward Classes (OBCs) in government jobs, finally breathing life into the Mandal recommendations.