Special Provisions Relating to Certain Classes

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Constitution provides for safeguarding the interests of certain classes for equality and justice (as enshrined in the Preamble).
Part XVI (Art 330- 342) details the special provisions relating to SC/ST/OBCs and Anglo- Indians. 
Constitution does not specify the castes or tribes to be called SC/ST/OBC but empowers the President to specify. (Though Constitution has used expressions like socially and educationally backward classes, weaker sections)

Unlike them, Anglo-Indian is defined in the Constitution. Anglo- Indian is a person who father (or any male progenitor) is or was of European origin, domiciled in India. Some of the provisions specified for them are:

  1. Reservation of seats for ST/SCs and Anglo-Indians in legislatures
    Reservation of seats on the basis of their population in the Parliament as well as in the State Legislatures.
  2. Members from Anglo- Indian Community to be nominated by the President to the Lok Sabha and 1 member to the State Assembly by the Governor (if not adequately represented) 

  3. Special provisions in services and posts for SC/STs:
    Reservation in matter of service without sacrificing the efficiency (Art 335) including relaxation in qualifying marks and evaluation for reservation in services.
  4. Special provision for Anglo- Indians in services and educational grants:
    For 10 years from the commencement of this Constitution (Ended in 1960)
  5. Monitoring and enforcement mechanism:
    1. Establishment by President National Commission for Scheduled Castes and National Commission for Scheduled Tribes to investigate all matters relating to the constitutional safeguards for SC/STs. 
    2. They report to the President who causes such reports to be laid before the Parliament with action memorandum.
    3. The National Commission for SCs is also required to discharge similar duties with regard to Anglo- Indian Community.
  6. Special provisions in the administration of Scheduled Areas and welfare of STs: 
    1. The President is required to appoint a Commission to report on the administration of Scheduled Areas.
    2. The Union power extends to giving directions to the States with respect to welfare of STs.
  7. Appointment of Commission for BCs:

The President may appoint a Commission to investigate the conditions of socially and educationally backward classes and to recommend the steps to improve their conditions. (ex: Kaka Kalelkar Committee 1955, Mandal Committee 1980)

Author: admin