Laxmikanth Summary: Special Provisions Relating To Certain Classes | Indian Polity for UPSC CSE PDF Download

(a) Permanent and Temporary:

• While some are a permanent fixture in the Constitution, others have a defined duration of operation.

(b) Protective and Developmental:

• Certain provisions are designed to shield these classes from various forms of injustice and exploitation.
• Others are geared towards fostering their socio-economic well-being.

 OBCs

Anglo-Indians

The 105th Amendment Act of 2021 clarified that the "Central List" refers to the list maintained by the central government for socially and educationally backward classes. States and union territories can now create their lists, which may differ from the Central List, but only through legislation. Unlike SCs, STs, and OBCs, the Constitution provides a specific definition for Anglo-Indians, referring to individuals with European descent in their male line, domiciled in India, and born to parents habitually residing within the country for reasons other than temporary.

Special Provisions for SCs and STs

1. Legislative Reservation

   • Reserved seats in Lok Sabha and state legislative assemblies for SCs and STs based on population ratios.
   • Originally intended for ten years (up to 1960), extended continuously; now lasts until 2030 under the 104th Amendment Act of 2019.

2. Claims to Services and Posts

   • Consideration of SCs' and STs' claims in public service appointments without compromising administrative efficiency.
   • The 82nd Amendment Act of 2000 allows provisions favoring SCs and STs, including relaxation in qualifying marks and standards for reservation in promotions.

3.  National Commissions for SCs and STs

• The President establishes separate National Commissions for SCs and STs (Article 338 and 338-A) to investigate constitutional safeguards and report to Parliament.
• The 89th Amendment Act of 2003 separated the combined National Commission for SCs and STs into two distinct bodies.

4.  Union Control over Scheduled Areas and ST Welfare

• The President appoints a commission to report on the administration of scheduled areas and welfare of STs in states.
• The Centre's executive power includes issuing directions to states regarding schemes for ST welfare.
• The first commission was appointed in 1960, and a second commission, chaired by Dilip Singh Shuria, was appointed in 2002, submitting its report in 2004.

Special Provisions for BCs

1. National Commission for BCs

• The National Commission for BCs was established in 1993 through parliamentary legislation.
• The 102nd Amendment Act of 2018 conferred constitutional status on the commission by inserting a new Article 338-B.
• The President is mandated to set up a National Commission for Socially and Educationally BCs to investigate matters related to their constitutional safeguards and report to Parliament. The President presents these reports, along with action taken memoranda.

Backward Classes

2.  Appointment of a Commission to Investigate the Conditions of BCs

• The President can appoint a commission to investigate the conditions of socially and educationally backward classes and recommend steps for improvement.
• Two commissions have been appointed under this provision:
  • The first commission, formed in 1953 under the chairmanship of Kaka Kalelkar, submitted its report in 1955, but no action was taken due to vague and impractical recommendations and internal disagreements.
  • The second Backward Classes Commission, appointed in 1979 with B.P. Mandal as chairman, submitted its report in 1980. Recommendations were unattended until 1990, when the V.P. Singh Government declared 27 percent reservation in government jobs for OBCs.