Special Provision Relating to Certain Classes

Special Provision Relating to Certain Classes is a crucial aspect of governance enshrined in the Indian Constitution. These provisions are designed to address historical injustices, promote social equality, and ensure the protection and advancement of marginalized communities. Through affirmative action and targeted policies, the Indian state aims to uplift disadvantaged groups such as Scheduled Castes, Scheduled Tribes, and Other Backward Classes. This topic delves into the constitutional framework, legal safeguards, and government initiatives aimed at empowering these communities, fostering inclusivity, and promoting social justice in India

Part XVI of the Constitution comprises special provisions for specific groups such as Scheduled Castes, Scheduled Tribes, and other Socially and Educationally Backward Classes. These provisions encompass representation in legislative bodies, reservation of seats in government services, and the establishment of National Commissions to oversee the effective implementation of these measures and other protective mechanisms.

Reservation In Legislatures

Seats are reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in the House of the People (Lok Sabha) and the Legislative Assemblies based on their population proportion, as per Articles 330 and 332 of the Constitution.
This reservation is also extended to Union Territories with legislatures through Parliamentary Acts, but there is no reservation in the Upper House of Parliament (Rajya Sabha) or State Legislatures.
In the Lok Sabha, there are a total of 131 reserved seats: 82 for Scheduled Castes and 49 for Scheduled Tribes.
Reservation does not limit the maximum number of seats available to SCs and STs; members of these communities are free to contest additional seats beyond the reserved ones.
Article 331 empowers the President to nominate up to two members of the Anglo-Indian community to the Lok Sabha if deemed necessary for their adequate representation.
Similarly, Article 333 allows the Governor of a State to nominate members of the Anglo-Indian community to the State Legislative Assembly if representation is deemed necessary.

Special Consideration In Services

Article 335 of the Constitution directs the Union and State Governments to give special consideration to Scheduled Castes (SCs) and Scheduled Tribes (STs) while maintaining administrative efficiency.
This special consideration entails ensuring that candidates from SCs and STs meet the minimum educational and other qualifications required for various posts.
The Constitution does not specify a fixed percentage of jobs reserved for SCs and STs, nor does it set a duration for this preferential treatment.
The Government of India decided to allocate 22.5% of recruitment positions (15% for SCs and 7.5% for STs) in the All-India Services through open competition, along with raising the maximum age limit for their appointment.
These provisions align with Article 16(4) of the Constitution, which allows for equality of opportunity in public employment, including reservation for disadvantaged groups.
In addition to the 22.5% job quota for SCs and STs, 27% reservation is provided for Other Backward Classes (OBCs) in government jobs, as approved by the Supreme Court in 1992.
While the Supreme Court initially ruled against applying reservation quotas for promotions beyond 1997, Parliament restored reservation for SCs and STs in promotions through the Constitution (86th Amendment) Bill.
This protection was not extended to OBCs. Furthermore, a 10% reservation in government jobs and educational institutions for Economically Weaker Sections (EWS) of the General Category was provided by the Constitution (103rd Amendment) Act, 2019.
Special provisions in the Constitution mandate the appointment of a Minister in charge of Tribal Welfare in Bihar, Madhya Pradesh, and Odisha, who may also oversee the welfare of SCs and Backward Classes.
Many states have separate Ministries or Departments dedicated to the welfare of these communities, and there are Ministers from these communities serving in both State and Central Governments.

National Commission

Article 338 of the Constitution empowers the President to appoint a Special Officer for Scheduled Castes and Scheduled Tribes to investigate matters related to their safeguards under the Constitution.
The Special Officer examines issues such as representation in legislatures, claims to representation in services, and the operation of Fundamental Rights, and reports regularly to the President.
Initially, the Special Officer was called the ‘Scheduled Castes Commissioner’ and was assisted by ten Assistant Regional Commissioners.
The Special Officer submits an annual report to the President, which is presented before both Houses of Parliament.
The Constitution (Sixty-fifth Amendment) Act, 1990 replaced the Special Officer with the National Commission for Scheduled Castes and Scheduled Tribes.
This Commission, consisting of a Chairperson, Vice Chairperson, and five other Members appointed by the President, investigates and monitors matters related to the safeguards for SCs/STs.
Its duties include examining complaints of rights deprivation, planning socio-economic development, and presenting an annual report to Parliament.
Following the Constitution (Eighty-ninth Amendment) Act, 2003, two separate commissions were established: the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.
Additionally, in compliance with a Supreme Court directive in 1992, the National Commission for Backward Classes Act, 1993 was enacted to establish a commission for backward classes.
Parliament is responsible for taking appropriate action based on the reports submitted by these commissions.

Commission Of Investigation

Articles 339 and 340 of the Constitution allow for the appointment of two Commissions by the President: one to examine the administration of Scheduled Areas and the welfare of Scheduled Tribes, and the other to investigate the conditions of Socially and Educationally Backward Classes and recommend measures to address their difficulties. The reports of these Commissions are presented before Parliament along with the Government’s responses.
The President has the authority to notify the inclusion of castes, races, and tribes in the Scheduled Castes list of a State, with Parliament having the sole power to revise or modify the list thereafter. A similar process is followed for determining Tribes and Tribal communities.
Efforts towards the advancement of these communities are focused on political, social, economic, and educational fronts. Progress has been notable, particularly in campaigns against untouchability, enactment of welfare laws, and provision of educational opportunities, including scholarships and fellowships.
Special allocations of funds are made in each Five-Year Plan to support the welfare of these communities, indicating the State’s commitment to their rapid advancement and equal participation in the nation’s progress.
The reservation of seats in legislatures, initially set for a ten-year period, has been extended four times through Constitutional amendments, with the latest extension being until 2020 under the Constitution (109th Amendment) Act, 2009. This continued support reflects the country’s determination to achieve further milestones in its overall development, aided by the progress made by these communities over the years.

Amendment to the Constitution

Federal constitutions, including that of the United States and Australia, typically have rigid amendment procedures, making it difficult to modify them.
The Indian Constitution, however, offers a simpler amending process compared to other federal constitutions.
As a fundamental document, the Constitution should not undergo frequent and easy changes, as this could erode citizens’ confidence in its stability and reliability.
Amendments should only be made when compelling reasons and circumstances justify them, considering the delicate balance of powers between the Centre and the states in a federal system.
While the Constitution should maintain its original integrity, it should also evolve to meet the changing needs and circumstances of a growing and changing nation.
In some cases, where the Constitution hinders necessary social and economic progress, extreme pressure may lead to its destruction if it becomes a barrier to desirable changes.
The amendment procedure is outlined in Article 368 of the Constitution, which requires a bill to be introduced in either House of Parliament and passed by a two-thirds majority of members present and voting in each House.
Certain amendments, such as those pertaining to specific articles and legislative relations between the Union and states, require ratification by the legislatures of at least half of the states before the President can give assent.
Notably, the Constitution of India combines both rigidity and flexibility in its amendment process, which is unique among federal constitutions.
In the initial sixteen years of the Constitution, it underwent twenty amendments, leading to criticism from some quarters about the ease of amending it.
However, many of these amendments were deemed necessary due to compelling circumstances, including the stabilization and consolidation of political freedom following independence.
While some amendments were driven by the need to evaluate and refine the political system established under the Constitution, others addressed practical difficulties encountered in its implementation, such as the reorganization of states and changes related to the Right to Property.

Also read about Rights and Liabilities of government.