Chapter 69 Special Provision Relating To Certain Classes In India

Rationale for Special Provisions in the Indian Constitution

The Indian Constitution strives to achieve the goals of equality and justice, as highlighted in its Preamble. To support this vision, it has established special provisions for certain groups in society, such as Scheduled Castes (SCs), Scheduled Tribes (STs), Backward Classes (BCs), and Anglo-Indians. These provisions are important because they aim to uplift those who have historically faced discrimination and disadvantages.

These special provisions can be found in Part XVI of the Constitution, specifically from Articles 330 to 342A. These articles cover various aspects that help in the representation and welfare of these communities:

1. Reservation in Legislatures: This ensures that SCs and STs have a certain number of seats reserved for them in the Lok Sabha (the lower house of Parliament) and state assemblies. This helps these communities have a voice in the legislative process.

2. Special Representation in Legislatures: Alongside reservations, certain provisions allow for special representation, ensuring that their interests are further secured within legislative bodies.

3. Reservation in Services and Posts: The Constitution mandates that jobs in government services and positions be reserved for marginalized groups, promoting their employment opportunities and inclusion in the workforce.

4. Educational Grants: To improve access to education for SCs, STs, and BCs, the Constitution allows for grants and scholarships to support their schooling and higher education.

5. Appointment of National Commissions: The government can establish Commissions to protect the rights of these communities. These commissions study issues related to the SCs and STs and make recommendations to the government.

6. Appointment of Commissions of Investigation: Whenever there are concerns about violations or issues affecting these groups, commissions can be formed to investigate and report on the situation.

These provisions can be grouped into two main categories:

• Permanent and Temporary: Some provisions are meant to be a permanent part of the system, ensuring ongoing protection and support for these communities, while others are time-bound and may be reviewed or extended periodically.

• Protective and Developmental: Certain provisions focus on protecting these groups from injustice and exploitation, while others are aimed at promoting their socio-economic development, helping them gain better opportunities and improve their standard of living.

In conclusion, these special provisions are crucial for fostering equality and justice in India. They ensure that marginalized groups have representation, access to services, and opportunities for development, thereby striving to create a more inclusive society. Understanding these provisions can be further aided by looking into relevant articles like Article 330 (reservation for Scheduled Castes and Scheduled Tribes in the Lok Sabha), Article 338 (National Commission for Scheduled Castes), and Article 341 (Scheduled Castes). This framework not only strengthens democracy but also encourages a fairer social environment.

Specification of Classes in the Indian Constitution

The Indian Constitution provides a framework for recognizing and defining certain social groups, but it does not specifically mention which castes or tribes belong to the categories of Scheduled Castes (SCs) and Scheduled Tribes (STs). Instead, the power to identify these groups is given to the President of India. This means that the lists of SCs and STs can vary from one state or union territory to another.

When it comes to states, the President issues notifications defining these groups after consulting the governor of the respective state. However, it is important to know that any changes to these lists—like adding or removing a caste or tribe—can only be made by the Parliament of India. This stipulation ensures that the classification remains consistent and is not altered easily by subsequent presidential orders. Over time, several presidential orders have been issued to specify the SCs and STs, and these have been updated by the Parliament as necessary.

Moreover, the Constitution does not define which classes of citizens qualify as socially and educationally backward classes (OBCs). This changed with the introduction of the 102nd Amendment Act in 2018, which granted the President the authority to specify OBCs for each state and union territory. This inclusion was aimed at improving the representation and welfare of socially and educationally backward communities.

The 105th Amendment Act of 2021 further refined this provision. It stated that the President could specify which socially and educationally backward classes belong to a “Central List,” intended for the central government's purposes. Similar to the SCs and STs processes, the President must consult with the governor of the state concerned before issuing any notifications. Changes to the Central List can only occur through parliamentary action, ensuring legislative oversight over these classifications.

Additionally, the 105th Amendment allowed states and union territories to create their own lists of socially and educationally backward classes for local administration. However, any such state-specific list must be established by law, and the names included may differ from those on the Central List.

In contrast to these classifications, the Constitution does provide a clear definition for the Anglo-Indian community. According to the Constitution, an Anglo-Indian is defined as a person whose father or any male ancestor is of European descent, but who resides in India and was born in the country to parents who are permanent residents and not just living there temporarily.

Understanding the classification of these communities is crucial because it affects their eligibility for various government benefits, educational opportunities, and representation in legislative bodies. Articles like 341 and 342 of the Indian Constitution govern the recognition of Scheduled Castes and Scheduled Tribes, respectively, while the 102nd and 105th Amendment Acts illustrate how the legislative framework has evolved to cater to the needs of socially and educationally backward classes. These classifications play a significant role in India's affirmative action policies aimed at correcting historical injustices and ensuring equal opportunities for all sections of society.

Special Provisions for Scheduled Castes (SCs) and Scheduled Tribes (STs) in India

In India, the Constitution has laid down special provisions to ensure the representation and welfare of Scheduled Castes (SCs) and Scheduled Tribes (STs). These provisions aim to uplift and support these communities, who have historically faced social and economic disadvantages.

One of the most important features of these provisions is the reservation of seats for SCs and STs in legislative bodies. This means that a certain number of seats in the Lok Sabha (the lower house of Parliament) and in state legislative assemblies are reserved for candidates belonging to these communities. The reservation is based on the population percentage of SCs and STs within the respective states. Initially, this reservation was meant to last for ten years, ending in 1960. However, the Government recognized the need for continued support and has extended this provision several times. As of the 104th Amendment Act of 2019, these reservations will be in place until the year 2030.

In addition to legislative representation, there are specific provisions regarding employment for SCs and STs. When it comes to public service jobs, appointments to central and state government positions must take into account applications from SC and ST candidates. This does not mean lowering the quality of administration, but rather ensuring that qualified individuals from these communities have a fair chance at employment. The 82nd Amendment Act of 2000 also allows for modifications such as lowering qualifying marks for examinations or adjusting evaluation criteria for SC and ST candidates seeking promotions in public service.

To further safeguard the rights of these communities, the Constitution mandates the establishment of National Commissions. Article 338 calls for a National Commission for SCs to investigate issues related to their constitutional rights and report to the President. Article 338-A stipulates a similar commission for STs. Following the 89th Amendment Act of 2003, the National Commission for SCs and STs was divided into two separate entities, thereby ensuring focused attention on the needs and challenges facing each group.

In addition to these measures, the Constitution also provides for the Union Government to oversee the administration of Scheduled Areas, which are regions primarily inhabited by STs. The President of India is empowered to appoint a commission to look into issues related to the governance and welfare of these areas. Such a commission must be convened at least once every ten years, and the first of these was set up in 1960, led by U.N. Dhebar, which submitted its report in 1961. A second commission was appointed in 2002 under Dilip Singh Bhuria, with its findings presented in 2004. The central government also holds the power to guide states on implementing welfare schemes for STs.

Overall, these provisions represent India's commitment to ensuring social justice for SCs and STs, helping them to participate fully in the political, social, and economic life of the nation. Understanding these constitutional articles and amendments is vital for grasping how the Indian legal system strives to eliminate historical injustices and promote equality.

Special Provisions for Backward Classes (BCs)

The Indian government has put special measures in place to support backward classes, also known as OBCs (Other Backward Classes). One of the main steps taken is the establishment of the National Commission for Backward Classes. This commission was set up in 1993 through a law passed by Parliament. Later, in 2018, a significant change occurred when the 102nd Amendment Act granted the commission a constitutional status. This change introduced Article 338-B into the Constitution of India.

According to this new article, the President of India is responsible for forming a National Commission specifically for socially and educationally backward classes. The purpose of this commission is to look into issues related to the constitutional protections and benefits that these groups should receive. After conducting their investigations, the commission must report its findings to the President, who then presents this information to Parliament along with a memorandum that outlines any actions taken based on the commission's recommendations.

Additionally, the President has the power to appoint a commission to study the conditions of socially and educationally backward classes, and to suggest ways to improve their situation. Similar to the National Commission for Backward Classes, the findings from this commission are also presented to Parliament along with a memorandum detailing the actionable steps that follow.

So far, two significant commissions have been appointed under these provisions. The first Backward Classes Commission was created in 1953 and led by Kaka Kalelkar. It delivered its report in 1955; however, no steps were taken based on its recommendations because they were deemed unclear and impractical. There was also considerable disagreement among the commission members regarding the definition of who qualifies as backward.

The second Backward Classes Commission was established in 1979, with B.P. Mandal as the chairman. This commission submitted its report in 1980, but the government did not act on its recommendations until 1990. That year, the government led by Prime Minister V.P. Singh announced a reservation of 27 percent of government jobs for OBCs, marking a significant shift in how the government addressed the needs and rights of backward classes.

These measures highlight the government's ongoing commitment to ensuring that economically and educationally disadvantaged groups are given the support they need to thrive in society. Such initiatives aim to bridge the gap between different social classes and promote equal opportunities in education and employment throughout India.

Anglo-Indians and Their Representation in India

Anglo-Indians are a small community in India that has distinct cultural roots, often descending from British colonizers and Indians. Historically, they were recognized in the Indian Constitution and were given specific provisions for representation in government bodies.

Prior to the year 2020, the Constitution allowed for special representation of Anglo-Indians in the legislative bodies of India. The President of India had the authority to nominate two members from the Anglo-Indian community to the Lok Sabha, the lower house of Parliament. This was applicable if it was felt that the community was not adequately represented in the house. Similarly, in states, the governors could nominate one member from the Anglo-Indian community to the State Legislative Assembly under similar circumstances.

This special representation provision was meant to be temporary, initially set for a period of ten years, meaning that it was supposed to be reviewed in 1960. However, this time limit was extended multiple times, each time for another ten years, to ensure continued representation for the Anglo-Indian community. The last extension occurred through the 95th Amendment Act in 2009.

However, significant changes were made with the 104th Amendment Act in January 2019. This amendment effectively ended the special representation for Anglo-Indians in the Lok Sabha and State Assemblies. Consequently, the provisions ceased to take effect on January 25, 2020. This marked a significant change in the political landscape concerning the representation of Anglo-Indians.

In addition to legislative representation, Anglo-Indians had previously enjoyed certain special privileges concerning employment and education. Before India gained independence, specific job posts in the railway, customs, and postal services were reserved for Anglo-Indians, and the government provided special financial grants to their educational institutions. These benefits were incorporated into the Constitution, allowing them to continue for a while; however, they eventually phased out by 1960.

Furthermore, the National Commission for Scheduled Castes (SCs) had responsibilities that also extended to the Anglo-Indian community. The commission's role involves looking into matters concerning the constitutional and legal safeguards designed for the Anglo-Indians, just as it does for Scheduled Castes. It is tasked with investigating issues related to the community and reporting its findings to the President of India.

With the cessation of the special provisions for representation and privileges, the Anglo-Indian community now faces new challenges regarding their identity and representation in India's democratic framework. This situation raises important discussions about the representation of minority communities in India and whether the current laws are sufficient to ensure their voices are heard.

Overall, the legislative history concerning Anglo-Indians in India illustrates the changing dynamics of representation, acknowledging the community's contributions while also reflecting on the need for adaptation in the modern political landscape. There are no longer provisions for their special representation, but the dialogue around minority rights and representation remains crucial in ongoing societal conversations.