Actual Article
Article 334: Reservation of seats and special representation to cease after seventy years
Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to—
(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and
(b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination,
shall cease to have effect on the expiration of a period of seventy years from the commencement of this Constitution:
Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assemblies of the States until the dissolution of the then existing House or Assembly, as the case may be.
UPSC Notes for Article 334
Explanation:
- Temporary Provision: Article 334 establishes that the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the House of the People (Lok Sabha) and State Legislative Assemblies, and the nomination of Anglo-Indians, shall cease to have effect after seventy years from the commencement of the Constitution.
- Extension Periods: Initially, the provision was for ten years, but it has been extended multiple times through constitutional amendments. The current period extends to seventy years from the commencement of the Constitution.
- Proviso for Continuity: The proviso ensures that any existing reservations or nominations continue until the dissolution of the current Lok Sabha or State Legislative Assembly.
Key Points:
- Scheduled Expiration: The article sets a time limit on the special provisions for representation of SCs, STs, and Anglo-Indians, reflecting the intention for these measures to be temporary.
- Amendments for Extension: The period for these special provisions has been extended through amendments, showing the ongoing need for such measures to address socio-economic disparities.
- Transitional Clause: Ensures that representation continues without disruption until the end of the term of the current legislative bodies.
Important Cases and Commissions Related to Article 334
Cases:
- Indra Sawhney vs. Union of India (1992): While this case primarily dealt with reservations in employment, it underscored the significance of temporary measures for social justice.
- Kuldip Nayar vs. Union of India (2006): Discussed the broader context of representation and the evolving need for reservation policies.
Commissions:
- National Commission for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes (NCST): Monitor and report on the effectiveness of reservations and recommend extensions or changes.
- National Commission for Minorities: Addresses issues related to the representation of minorities, including the Anglo-Indian community.
Important Reports Related to Article 334:
- NCSC and NCST Reports: Discuss the impact of reservations on the political representation and socio-economic upliftment of SCs and STs.
- Law Commission Reports: Provide insights into the legal framework of reservation policies and suggest reforms based on socio-economic data.
Previous Year Prelims Questions Related to Article 334
- (UPSC Prelims 2016) According to Article 334 of the Indian Constitution, when will the reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People and State Legislative Assemblies cease to have effect?
A. After fifty years from the commencement of the Constitution
B. After seventy years from the commencement of the Constitution
C. After one hundred years from the commencement of the Constitution
D. After ninety years from the commencement of the Constitution Correct Answer: B. After seventy years from the commencement of the Constitution - (UPSC Prelims 2018) What does Article 334 of the Indian Constitution provide for the representation of the Anglo-Indian community?
A. Permanent representation in the House of the People
B. Temporary nomination by the President and Governors
C. Representation based on population proportion
D. Nomination until the dissolution of the existing House or Assembly Correct Answer: D. Nomination until the dissolution of the existing House or Assembly
Previous Year Mains Questions Related to Article 334
- Mains 2016: “Discuss the significance of Article 334 in the context of temporary provisions for reservation and representation in the Indian political system. How have these provisions evolved over time?”
- Mains 2019: “Evaluate the impact of the extensions of the provisions under Article 334 for the Scheduled Castes, Scheduled Tribes, and the Anglo-Indian community. What are the potential benefits and challenges associated with these extensions?”
Additional Insights:
- Evolving Needs: The repeated extensions of the provisions under Article 334 reflect the evolving socio-economic needs and the ongoing disparities faced by marginalized communities.
- Social Justice: The article highlights the commitment of the Constitution to social justice and the upliftment of historically disadvantaged groups.
- Review and Amendments: The periodic review and amendments to extend these provisions indicate a flexible approach to addressing socio-economic inequalities in the political domain.
Understanding Article 334 is crucial for UPSC aspirants as it provides insights into the constitutional mechanisms for ensuring the representation of marginalized communities in the Indian political system. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions and their impact on the functioning of Indian democracy.