Actual Article
Article 340: Appointment of a Commission to investigate the conditions of backward classes
(1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labor and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.
(2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.
(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.
UPSC Notes for Article 340
Explanation:
- Commission Appointment: Article 340(1) empowers the President to appoint a Commission to investigate the conditions of socially and educationally backward classes (SEBC) within India and to recommend steps for their improvement.
- Commission’s Duties: Article 340(2) requires the Commission to investigate the conditions of SEBCs and present a report to the President, detailing their findings and recommendations.
- Reporting and Legislative Oversight: Article 340(3) mandates that the President lay the report before both Houses of Parliament, along with an explanatory memorandum on the actions taken.
Key Points:
- Focus on Backward Classes: The article emphasizes the need to address the socio-economic challenges faced by SEBCs and improve their conditions through targeted interventions.
- Presidential Commission: The President has the authority to appoint a Commission with the necessary mandate and define its procedural framework.
- Legislative Transparency: Ensures that the findings and recommendations of the Commission are presented to Parliament, promoting transparency and accountability in addressing the issues of backward classes.
Important Cases and Commissions Related to Article 340
Cases:
- Indra Sawhney vs. Union of India (1992): Known as the Mandal Commission case, the Supreme Court upheld the recommendations of the Mandal Commission, appointed under Article 340, and addressed issues related to reservations for SEBCs.
- M. Nagaraj vs. Union of India (2006): The Court reiterated the importance of maintaining a balance between social justice and administrative efficiency while implementing reservations for backward classes.
Commissions:
- First Backward Classes Commission (Kaka Kalelkar Commission): Appointed in 1953, it was the first commission to investigate the conditions of backward classes and recommend measures for their upliftment.
- Second Backward Classes Commission (Mandal Commission): Appointed in 1979, it made significant recommendations for reservations in government jobs and educational institutions for SEBCs, which were implemented in the 1990s.
Important Reports Related to Article 340:
- Kaka Kalelkar Commission Report (1955): Highlighted the socio-economic challenges faced by backward classes and recommended measures for their improvement.
- Mandal Commission Report (1980): Provided comprehensive data on the socio-economic conditions of SEBCs and recommended a 27% reservation in government jobs and educational institutions.
Previous Year Prelims Questions Related to Article 340
- (UPSC Prelims 2016) Under Article 340 of the Indian Constitution, who has the authority to appoint a Commission to investigate the conditions of socially and educationally backward classes?
A. The Prime Minister
B. The President
C. The Chief Minister
D. The Speaker of the Lok Sabha Correct Answer: B. The President - (UPSC Prelims 2018) According to Article 340, what is the primary duty of the Commission appointed by the President?
A. To conduct elections
B. To investigate the conditions of socially and educationally backward classes and make recommendations
C. To oversee financial institutions
D. To regulate trade and commerce Correct Answer: B. To investigate the conditions of socially and educationally backward classes and make recommendations
Previous Year Mains Questions Related to Article 340
- Mains 2016: “Discuss the role of the Commissions appointed under Article 340 in addressing the socio-economic challenges faced by socially and educationally backward classes. How effective have these Commissions been in influencing government policies?”
- Mains 2019: “Evaluate the impact of the recommendations of the Mandal Commission, appointed under Article 340, on Indian society. What are the key challenges and benefits associated with implementing these recommendations?”
Additional Insights:
- Socio-Economic Development: Article 340 underscores the importance of socio-economic development for backward classes, aiming to reduce disparities and promote inclusivity.
- Impactful Commissions: The Commissions appointed under this article have had a significant impact on Indian society, particularly the Mandal Commission, which reshaped the landscape of reservations and affirmative action.
- Ongoing Relevance: The issues addressed by Article 340 remain relevant, as ongoing efforts are needed to uplift SEBCs and ensure their equitable participation in society.
Understanding Article 340 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for investigating and addressing the conditions of socially and educationally backward classes in India. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring social justice and inclusive development within the Indian Constitution.