Part 16 of Indian Constitution, Articles, Amendments, Case Laws

Part 16 of Indian Constitution contains special provisions for the protection and development of socially and educationally backward sections of society. The main purpose of these provisions is to ensure political representation, social justice, and equal opportunities for Scheduled Castes (SCs), Scheduled Tribes (STs), and other backward classes.

Part 16 of Indian Constitution Articles 

• Articles 330-334 provide for reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies and the reservation of offices of Chairpersons in Panchayats.
• Article 335 deals with claims of SCs and STs in services and posts. 
• Articles 338 and 338A provide for the National Commissions for Scheduled Castes and Scheduled Tribes respectively.
• Article 338B establishes the National Commission for Backward Classes. 
• Articles 339-342 relate to the administration of Scheduled Areas and the specification of SCs and STs by the President.

Article 330 Reservation of Seats in Lok Sabha

• Article 330 provides reservation of seats in the House of the People (the Lok Sabha) for Scheduled Castes and Scheduled Tribes. 
• The number of reserved seats is decided in proportion to the population of SCs and STs in a State or Union Territory. This ensures fair political representation of weaker sections in the Parliament.
• The population data used for this purpose is taken from the last published census, until the census conducted after 2026 is published, the 2001 census data is considered for determining reservation distribution.

Article 331 Nomination of Anglo-Indian Members in Lok Sabha

• Article 331 allowed the President to nominate members from the Anglo-Indian community to the Lok Sabha if it was felt that the community was not adequately represented.
• The maximum number of nominated members under this provision was two.
• However, this provision has now become inactive after constitutional amendments that discontinued Anglo-Indian nominations (104th Constitutional Amendment Act 2019).

Article 332 Reservation in State Legislative Assemblies

• Article 332 provides reservation of seats for Scheduled Castes and Scheduled Tribes in State Legislative Assemblies.
• Seats are reserved in proportion to the population of SCs and STs in the State.
• Special provisions are also made for autonomous tribal districts, especially in northeastern states.
• In States like Arunachal Pradesh, Meghalaya, Mizoram, and Nagaland, reservation arrangements for Scheduled Tribes continue until the delimitation or readjustment of seats based on the census after 2026.
• In Assam, constituencies reserved for autonomous tribal districts cannot include areas outside those districts. Also, only candidates belonging to Scheduled Tribes of that district can contest from such reserved constituencies.

Article 333 Nomination of Anglo-Indian Members in State Assemblies

• Article 333 allowed the Governor of a State to nominate one Anglo-Indian member to the State Legislative Assembly if the community was not adequately represented.
• Like Article 331, this provision was also gradually phased out through constitutional amendments (104th Constitutional Amendment Act 2019)

Article 334 Time Limit for Reservation

• Article 334 originally provided that reservation of seats and nomination of Anglo-Indian members would be temporary arrangements.
• The Constitution initially fixed a period of 60 years from the commencement of the Constitution for these provisions.
• However, Parliament extended the reservation provisions through amendments to the constitution. 104th Constitutional Amendment Act 2019 extended reservation of seats for SCs and STs in Lok Sabha and State Assemblies till 2030

Article 335 Claims of SCs and STs in Government Services

• Article 335 states that the claims of Scheduled Castes and Scheduled Tribes must be considered while making appointments to Union and State government services.
• However, this consideration must not compromise administrative efficiency.
• The provision also permits relaxation in qualifying marks, evaluation standards, and allows reservation in promotions for SCs and STs. This provision aims to improve representation of these communities in public employment.

Article 336 Service Reservation for Anglo-Indian Community

• Article 336 provided reservation for members of the Anglo-Indian community in certain government services such as railways, postal services, customs, and telegraph departments.
• Initially, these reservations followed pre-independence service patterns.
• The reservation percentage was gradually reduced by about 10 percent every two years.
• After ten years from the commencement of the Constitution, this special reservation was completely discontinued.
• However, Anglo-Indian candidates could still be appointed on merit if they were qualified.

Article 337 Educational Grants

• Article 337 provided special financial assistance for Anglo-Indian educational institutions.
• In the first few years after the Constitution came into force, grants were maintained at the same level as in 1948.
• These grants were gradually reduced by 10 percent every three years.
• After ten years, special concession-based grants were expected to end.
• Additionally, institutions receiving such grants were required to reserve at least 40 percent of admissions for students from communities other than the Anglo-Indian community.

Article 338 National Commission for Scheduled Castes

• Article 338 establishes the National Commission for Scheduled Castes as a constitutional body.
• The Commission consists of a Chairperson, a Vice-Chairperson, and three other members appointed by the President.
• The main functions of the Commission include monitoring constitutional safeguards provided to Scheduled Castes, investigating complaints related to violation of rights, and advising the government on welfare policies.
• The Commission has powers similar to a civil court while investigating cases. It can summon witnesses, demand documents, and collect evidence.
• The Union and State governments are expected to consult the Commission on important policy matters affecting Scheduled Castes.

Article 338A National Commission for Scheduled Tribes

• Article 338A establishes the National Commission for Scheduled Tribes.
• The structure and functions of this Commission are similar to the SC Commission.
• It works to protect tribal rights, monitor welfare schemes, and investigate complaints related to Scheduled Tribes.
• The Commission also has civil court powers and advises governments on tribal development policies.

Also Read: Indian Constitution

Article 339 Administration of Scheduled Areas

• The President can appoint a commission to review the administration of Scheduled Areas and the welfare of Scheduled Tribes.
• The Union Government also has the power to direct State Governments to implement welfare schemes for tribal development.

Article 340 Backward Classes Commission

• Under Article 340, the President can appoint a commission to investigate the conditions of socially and educationally backward classes.
• The commission studies the social and economic problems faced by backward communities and suggests measures for their improvement.
• It also recommends financial assistance and development programs to both Union and State governments.

Article 341 Identification of Scheduled Castes

• The President can issue a public notification specifying castes, races, or groups that will be considered Scheduled Castes for a particular State or Union Territory.
• Parliament has the authority to include or exclude communities from the Scheduled Castes list through legislation.

However, once notified, the list cannot be changed by any other authority except Parliament.

Article 342 Identification of Scheduled Tribes

Similar to Article 341, Article 342 allows the President to notify tribal communities as Scheduled Tribes for a State or Union Territory. Parliament can later modify the list by law by adding or removing communities.

Part 16 of Indian Constitution Amendments 

• Constitution (8th Amendment) Act, 1960: Extended reservation of seats for Scheduled Castes and Scheduled Tribes and nomination of Anglo-Indian members in the Lok Sabha and State Legislative Assemblies under Articles 330, 332, and 333.
• Constitution (23rd Amendment) Act, 1969: Continued reservation provisions for SCs and STs and allowed further extension of special representation arrangements.
• Constitution (45th Amendment) Act, 1980: Extended reservation of seats for Scheduled Castes and Scheduled Tribes in Parliament and State Legislatures.
• Constitution (62nd Amendment) Act, 1989: Extended reservation and nomination provisions for SCs, STs, and Anglo-Indian members in legislatures up to the year 2000.
• Constitution (79th Amendment) Act, 1999: Further extended reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies up to 2010.
• Constitution (95th Amendment) Act, 2009: Extended reservation of seats for Scheduled Castes and Scheduled Tribes in legislatures up to 2020.
• Constitution (104th Amendment) Act, 2020: Extended SC and ST reservation in Lok Sabha and State Assemblies up to 2030 and abolished the nomination of Anglo-Indian members in Parliament and State Legislatures by amending Articles 331 and 333.

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Part 16 of Indian Constitution Case Laws

• Indra Sawhney v. Union of India (1992): The Supreme Court upheld 27% reservation for Other Backward Classes (OBCs) and introduced important principles such as the 50% ceiling on total reservations and the creamy layer exclusion for socially advanced members of backward classes.
• M. Nagaraj v. Union of India (2006): The Court upheld constitutional amendments allowing reservation in promotions but required proof of backwardness, inadequate representation, and administrative efficiency before implementing such reservations.
• Jarnail Singh v. Lachhmi Narain Gupta (2018): The Supreme Court modified the Nagaraj judgment and held that proof of backwardness is not required for Scheduled Castes and Scheduled Tribes for promotion reservations, while applying the creamy layer principle.
• State of Kerala v. N.M. Thomas (1976): The Court ruled that reservation and relaxation in qualifying standards for Scheduled Castes and Scheduled Tribes are consistent with the equality principle under the Constitution.