What are special provisions relating to certain classes?
Q. Which of the following are special provisions mentioned in the Constitution relating to certain classes?
1) Commission to investigate the conditions of backward classes.
2) Permanently reservation of certain posts for Anglo-Indians in Union services.
3) Representation for Anglo-Indians in Lok Sabha.
4) National Commission for SCs.- Published on 14 Mar 17a. 3, 4
b. 1, 3, 4
c. 1, 2, 3
d. All of the above
ANSWER: 1, 3, 4
- Special provisions are in Part 16 of the Constitution (Articles 330 to 342).
- The Constitution gives the President the power to decide what castes or tribes in each state and union territory are to be treated as the SCs and STs.
- Constitution has also not defined Backward Classes (OBC i.e.,Other Backward Class).
- Constitution has defined Anglo-Indian Community.
- An Anglo-Indian means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only.
Special Provisions -
- Article 330 and 332 - Reservation of seats for SCs and STs in Lok Sabha and State Legislative Assemblies on basis of population ratios.
- Article 331 and 333 - Special Representation for Anglo-Indians in Lok Sabha and State Legislative Assemblies. President can nominate two members of the Anglo-Indian community to the Lok Sabha, if the community is not adequately represented. Governor of a state can nominate one member of the Anglo-Indian community to the state legislative assembly, if the community is not adequately represented.
- The 95thAmendment Act of 2009, extended above four provisions of reservation and special representation until 2020.
- Article 335 - Claims of SCs and STs to Services and Posts - 82ndAmendment Act, 2000 provides for making of any provision in favor of the SCs and STs for relaxation in qualifying marks in any examination; for reservation in matters of promotion to the public services of the Centre and the states etc.
- Article 337 - Before independence, certain posts were reserved for the Anglo-Indians in the railway, customs,postal and telegraph services of the Union. Anglo-Indian educational institutions were given certain special grants by the Centre and the states. Both the benefitscontinuedtill 1960.
- Article 338 and 338-A - The President should set up a National Commission for the SCs (Article 338) and National Commission for the STs (Article 338-A) and place all such reports before the Parliament. The National Commission for SCs has to investigate all matters relating to the Constitutional and other legal safeguards for SCs, OBCs and Anglo-Indian community.
- Article 339 - The President should appoint a commission to report on the administration of the scheduled areas and the welfare of the STs in the states. U. N. Dhebar headed first such Commission in 1960. Second commission, appointed in 2002 was headed by Dilip Singh Bhuria.
- The executive power of the Centre extends to the giving of directions to a state with respect to the drawing up and execution of schemes for the welfare of the STs in the state.
- Article 340 - The President may appoint a commission to investigate the conditions of socially and educationally backward classes and to recommend the steps to improve their condition. First backward classes commission was appointed in 1953 headed by Kaka Kalelkar. It submitted its report in 1955. Second Backward Classes Commission was appointed in 1979 headed by B.P. Mandal.
