Actual Article
Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts
The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
UPSC Notes for Article 335
Explanation:
- Claims of SCs and STs: Article 335 mandates that the claims of members of the Scheduled Castes (SCs) and Scheduled Tribes (STs) must be considered in the appointments to services and posts in the Union and State governments.
- Efficiency of Administration: This consideration must be consistent with maintaining the efficiency of the administration, ensuring that affirmative action does not compromise administrative effectiveness.
Key Points:
- Balancing Representation and Efficiency: Article 335 balances the need for affirmative action in favor of SCs and STs with the necessity of maintaining administrative efficiency.
- Inclusive Policy: Promotes inclusivity in public services and employment by ensuring that the claims of SCs and STs are considered in appointments.
- Guiding Principle: Provides a guiding principle for policymakers and administrators in making appointments, ensuring that affirmative action policies are implemented without compromising the quality of governance.
Important Cases and Commissions Related to Article 335
Cases:
- Indra Sawhney vs. Union of India (1992): This landmark case addressed the issue of reservations and emphasized the need to balance social justice with administrative efficiency.
- M. Nagaraj vs. Union of India (2006): The Supreme Court upheld the principle that reservations for SCs and STs must not compromise the efficiency of administration.
Commissions:
- National Commission for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes (NCST): These commissions monitor the implementation of policies related to reservations and make recommendations to ensure the claims of SCs and STs are considered.
- Law Commission of India: Reviews and suggests reforms to ensure the effective implementation of Article 335, balancing affirmative action with administrative efficiency.
Important Reports Related to Article 335:
- NCSC and NCST Reports: Provide insights into the status of SCs and STs in public services and make recommendations to improve their representation.
- Law Commission Reports: Discuss the legal and administrative frameworks for implementing Article 335 and suggest necessary reforms to enhance its effectiveness.
Previous Year Prelims Questions Related to Article 335
- (UPSC Prelims 2016) What does Article 335 of the Indian Constitution mandate regarding the claims of Scheduled Castes and Scheduled Tribes?
A. They should be given priority in all government jobs
B. Their claims should be considered consistently with the maintenance of administrative efficiency
C. They should be provided with separate employment opportunities
D. They should be given preference in educational institutions Correct Answer: B. Their claims should be considered consistently with the maintenance of administrative efficiency - (UPSC Prelims 2018) According to Article 335, what must be maintained while considering the claims of Scheduled Castes and Scheduled Tribes for appointments to services and posts?
A. Equality
B. Seniority
C. Administrative efficiency
D. Meritocracy Correct Answer: C. Administrative efficiency
Previous Year Mains Questions Related to Article 335
- Mains 2016: “Discuss the significance of Article 335 in balancing the representation of Scheduled Castes and Scheduled Tribes in public services with the need to maintain administrative efficiency. How does this article ensure both social justice and effective governance?”
- Mains 2019: “Evaluate the challenges and benefits associated with the implementation of Article 335. How can the government ensure that the claims of SCs and STs are considered without compromising administrative efficiency?”
Additional Insights:
- Social Justice and Governance: Article 335 underscores the commitment to social justice by ensuring that SCs and STs have representation in public services while maintaining the standards of governance.
- Policy Implementation: Policymakers and administrators must carefully design and implement affirmative action policies to ensure they comply with the principles of Article 335.
- Continuous Monitoring: Regular monitoring and evaluation of the implementation of Article 335 are crucial to ensure that the balance between representation and efficiency is maintained.
Understanding Article 335 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for ensuring the representation of SCs and STs in public services without compromising administrative efficiency. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional mechanisms promoting social justice and effective governance in India.