Affirmative Action in the Founding Document: Reservations, SC/ST/OBC Clauses, and Their Legal Basis

Special Provisions Relating to Certain Classes

To realise the constitutional objectives of equality and justice as stated in the Preamble, Part XVI (Articles 330–342) makes special provisions for:

• Scheduled Castes (SCs)
• Scheduled Tribes (STs)
• Backward Classes (BCs / OBCs)
• Anglo-Indians

These provisions are:

• Permanent or Temporary — some are permanent features; others are time-limited.
• Protective or Developmental — some protect from exploitation; others promote socio-economic advancement.

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SCs and STs

• The Constitution does not specify which castes or tribes qualify as SC or ST.
• The President has the power to notify SCs and STs for each state/UT — with consultation of the Governor for states.
• Lists vary state by state and UT by UT.
• Any inclusion or exclusion from the Presidential notification can only be done by Parliament (not by a subsequent Presidential notification).

Backward Classes (BCs/OBCs)

• The Constitution uses varied expressions: 'socially and educationally backward classes' (Articles 15, 340), 'backward class of citizens' (Article 16), 'weaker sections of the people' (Article 46).
• 'OBCs' = backward classes of citizens other than SCs and STs as specified by the Central Government.

Anglo-Indians

• Uniquely, the Constitution defines this group: a person whose father or any other male progenitor in the male line is or was of European descent but who is domiciled in India and born within India of parents habitually resident there (not for temporary purposes).

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1. Reservation in Legislatures for SCs and STs; Special Representation for Anglo-Indians

• Seats are reserved for SCs and STs in the Lok Sabha and state legislative assemblies in proportion to their population.
• The President may nominate 2 Anglo-Indian members to the Lok Sabha if the community is not adequately represented.
• The Governor may nominate 1 Anglo-Indian member to a state legislative assembly for the same reason.

Time-limited provisions:

• Originally these reservations and nominations were to last 10 years (till 1960).
• Extended repeatedly — by the 95th Amendment Act of 2009 (under Article 334) extended to 2020 (seventy years from commencement).

Extensions: 8th (1959)→20 yrs; 23rd (1969)→30 yrs; 45th (1980)→40 yrs; 62nd (1989)→50 yrs; 79th (1999)→60 yrs; 95th (2009)→70 yrs (2020)

Reason for Anglo-Indian provision: As a numerically tiny community dispersed all over India, Anglo-Indians could not hope to win any legislature seat through elections.

2. Claims of SCs and STs to Services and Posts (Article 335)

• SC/ST claims must be considered in public service appointments without sacrificing administrative efficiency.
• The 82nd Amendment Act, 2000 allows any provision in favour of SCs and STs for relaxation in qualifying marks or lowering evaluation standards for promotion in public services.

3. Special Provisions for Anglo-Indians in Services and Education

• Pre-independence: Certain posts in railway, customs, postal, and telegraph services were reserved for Anglo-Indians.
• Similarly, Anglo-Indian educational institutions received special grants from Centre and states.
• Both benefits were retained after independence on a progressive diminution basis and finally ceased in 1960.

4. National Commissions for SCs and STs

National Commission for SCs (Article 338):

• Set up by the President to investigate matters relating to constitutional safeguards for SCs and report to him.
• Also functions with respect to OBCs and the Anglo-Indian community.

National Commission for STs (Article 338-A):

• Similarly set up by the President for STs.
• Reports placed before Parliament with action taken memorandum.

The 89th Amendment Act of 2003 bifurcated the earlier combined SC/ST Commission into two separate bodies.

5. Control of the Union over Scheduled Areas and ST Welfare (Article 339)

• The President must appoint a commission to report on scheduled areas and ST welfare after 10 years of the Constitution's commencement (and can do so at any other time too).
• First commission (1960): Chaired by U. N. Dhebar; submitted report in 1961.
• Second commission (2002): Chaired by Dilip Singh Bhuria; submitted report in 2004.
• The Centre can give directions to states regarding execution of schemes for ST welfare.

6. Commission to Investigate Conditions of Backward Classes (Article 340)

• President may appoint a commission to investigate conditions of socially and educationally backward classes and recommend steps to improve them.
• Commission report must be placed before Parliament with action taken memorandum.

Commissions appointed:

• First Backward Classes Commission (1953): Chaired by Kaka Kalelkar; submitted report in 1955. Recommendations were considered too vague and impractical; members sharply divided on the criterion of backwardness — no action taken.
• Second Backward Classes Commission (1979): Chaired by B. P. Mandal; submitted report in 1980. Recommendations lay unimplemented until 1990, when the V. P. Singh Government declared 27% reservation in government jobs for OBCs.

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• The 95th Amendment Act (2009) extended reservation and Anglo-Indian nomination to 2020 (70 years from commencement) under Article 334.
• Know both backward classes commission chairmen: Kaka Kalelkar (1953) and B. P. Mandal (1979).
• The Mandal Commission recommendations were implemented in 1990 by the V. P. Singh Government — after lying dormant for 10 years.
• The 89th Amendment (2003) split the combined SC/ST commission into two: Article 338 (SCs) and Article 338-A (STs).
• Inclusion/exclusion from SC/ST Presidential notification can only be done by Parliament — not by a subsequent Presidential notification.
• The 82nd Amendment Act (2000) specifically allows relaxation in qualifying marks for SC/ST candidates in promotions — an exception to Article 335's efficiency principle.
• The President may nominate 2 Anglo-Indians to Lok Sabha; the Governor may nominate 1 to state assembly.