376 lines
20 KiB
Plaintext
376 lines
20 KiB
Plaintext
PART XVI
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SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
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330. Reservation of seats for Scheduled Castes and Scheduled Tribes
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in the House of the People.—(1) Seats shall be reserved in the House of the
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People for —
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(a) the Scheduled Castes;
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(b) the Scheduled Tribes except the Scheduled Tribes in the
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autonomous districts of Assam; and
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(c) the Scheduled Tribes in the autonomous districts of Assam.
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(2) The number of seats reserved in any State or Union territory for the
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Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly
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as may be, the same proportion to the total number of seats allotted to that Sta
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te
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or Union territory in the House of the People as the population of the Scheduled
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Castes in the State or Union territory or of the Scheduled Tribes in the State o
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r
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Union territory or part of the State or Union territory, as the case may be, in
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respect of which seats are so reserved, bears to the total population of the Sta
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te
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or Union territory.
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(3) Notwithstanding anything contained in clause (2), the number of
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seats reserved in the House of the People for the Scheduled Tribes in the
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autonomous districts of Assam shall bear to the total number of seats allotted t
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o
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that State a proportion not less than the population of the Scheduled Tribes in
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the said autonomous districts bears to the total population of the State.
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Explanation.—In this article and in article 332, the expression
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“population” means the population as ascertained at the last preceding censu
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s
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of which the relevant figures have been published:
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Provided that the reference in this Explanation to the last preceding
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census of which the relevant figures have been published shall, until the
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relevant figures for the first census taken after the year 2026 have been
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published, be construed as a reference to the 2001 census.
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331. Representation of the Anglo-Indian Community in the House of
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the People.— Notwithstanding anything in article 81, the President may, if he
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is of opinion that the Anglo-Indian community is not adequately represented in
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the House of the People, nominate not more than two members of that
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community to the House of the People.
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165
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166
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THE CONSTITUTION OF INDIA
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332. Reservation of seats for Scheduled Castes and Scheduled Tribes
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in the Legislative Assemblies of the States.—(1) Seats shall be reserved for
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the Scheduled Castes and the Scheduled Tribes, except the Scheduled Tribes in
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the autonomous districts of Assam, in the Legislative Assembly of every State.
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(2) Seats shall be reserved also for the autonomous districts in the
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Legislative Assembly of the State of Assam.
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(3) The number of seats reserved for the Scheduled Castes or the
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Scheduled Tribes in the Legislative Assembly of any State under clause (1)
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shall bear, as nearly as may be, the same proportion to the total number of seat
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s
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in the Assembly as the population of the Scheduled Castes in the State or of the
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Scheduled Tribes in the State or part of the State, as the case may be, in respe
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ct
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of which seats are so reserved, bears to the total population of the State.
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(3A) Notwithstanding anything contained in clause (3), until the taking
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effect, under article 170, of the re-adjustment, on the basis of the first censu
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s
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after the year 2026, of the number of seats in the Legislative Assemblies of the
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States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats
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which shall be reserved for the Scheduled Tribes in the Legislative Assembly
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of any such State shall be,—
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(a) if all the seats in the Legislative Assembly of such State in
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existence on the date of coming into force of the Constitution (Fiftyseventh Ame
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ndment) Act, 1987 (hereafter in this clause referred to as
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the existing Assembly) are held by members of the Scheduled Tribes, all
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the seats except one;
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(b) in any other case, such number of seats as bears to the total
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number of seats, a proportion not less than the number (as on the said
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date) of members belonging to the Scheduled Tribes in the existing
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Assembly bears to the total number of seats in the existing Assembly.
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(3B) Notwithstanding anything contained in clause (3), until the readjustment, u
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nder article 170, takes effect on the basis of the first census after
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the year 2026, of the number of seats in the Legislative Assembly of the State
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of Tripura, the seats which shall be reserved for the Scheduled Tribes in the
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Legislative Assembly shall be, such number of seats as bears to the total
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number of seats, a proportion not less than the number, as on the date of
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coming into force of the Constitution (Seventy-second Amendment) Act, 1992,
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of members belonging to the Scheduled Tribes in the Legislative Assembly in
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existence on the said date bears to the total number of seats in that Assembly.
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167
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THE CONSTITUTION OF INDIA
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(4) The number of seats reserved for an autonomous district in the
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Legislative Assembly of the State of Assam shall bear to the total number of
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seats in that Assembly a proportion not less than the population of the district
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bears to the total population of the State.
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(5) The constituencies for the seats reserved for any autonomous district
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of Assam shall not comprise any area outside that district.
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(6) No person who is not a member of a Scheduled Tribe of any
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autonomous district of the State of Assam shall be eligible for election to the
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Legislative Assembly of the State from any constituency of that district:
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Provided that for elections to the Legislative Assembly of the State of
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Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in
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the constituencies included in the Bodoland Territorial Areas District, so
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notified, and existing prior to the constitution of Bodoland Territorial Areas
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District, shall be maintained.
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333. Representation of the Anglo-Indian community in the
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Legislative Assemblies of the States.— Notwithstanding anything in article
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170, the Governor of a State may, if he is of opinion that the Anglo-Indian
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community needs representation in the Legislative Assembly of the State and is
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not adequately represented therein, nominate one member of that community to
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the Assembly.
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334. Reservation of seats and special representation to cease after
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seventy years.—Notwithstanding anything in the foregoing provisions of this
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Part, the provisions of this Constitution relating to—
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(a) the reservation of seats for the Scheduled Castes and the
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Scheduled Tribes in the House of the People and in the Legislative
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Assemblies of the States; and
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(b) the representation of the Anglo-Indian community in the
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House of the People and in the Legislative Assemblies of the States by
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nomination,
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shall cease to have effect on the expiration of a period of seventy years from
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the commencement of this Constitution:
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Provided that nothing in this article shall affect any representation in the
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House of the People or in the Legislative Assembly of a State until the
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dissolution of the then existing House or Assembly, as the case may be.
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335. Claims of Scheduled Castes and Scheduled Tribes to services
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and posts.—The claims of the members of the Scheduled Castes and the
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Scheduled Tribes shall be taken into consideration, consistently with the
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maintenance of efficiency of administration, in the making of appointments to
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services and posts in connection with the affairs of the Union or of a State:
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168
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THE CONSTITUTION OF INDIA
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Provided that nothing in this article shall prevent in making of any provision
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in favour of the members of the Scheduled Castes and the Scheduled Tribes for
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relaxation in qualifying marks in any examination or lowering the standards of
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evaluation, for reservation in matters or promotion to any class or classes of s
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ervices
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or posts in connection with the affairs of the Union or of a State.
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336. Special provision for Anglo-Indian community in certain
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services.— (1) During the first two years after the commencement of this
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Constitution, appointments of members of the Anglo-Indian community to posts
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in the railway, customs, postal and telegraph services of the Union shall be mad
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e
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on the same basis as immediately before the fifteenth day of August, 1947.
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During every succeeding period of two years, the number of posts
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reserved for the members of the said community in the said services shall, as
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nearly as possible, be less by ten per cent. than the numbers so reserved during
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the immediately preceding period of two years:
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Provided that at the end of ten years from the commencement of this
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Constitution all such reservations shall cease.
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(2) Nothing in clause (1) shall bar the appointment of members of the
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Anglo-Indian community to posts other than, or in addition to, those reserved
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for the community under that clause if such members are found qualified for
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appointment on merit as compared with the members of other communities.
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337. Special provision with respect to educational grants for the
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benefit of Anglo-Indian community.—During the first three financial years
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after the commencement of this Constitution, the same grants, if any, shall be
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made by the Union and by each State for the benefit of the Anglo-Indian
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community in respect of education as were made in the financial year ending
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on the thirty-first day of March, 1948.
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During every succeeding period of three years the grants may be less by
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ten per cent. than those for the immediately preceding period of three years:
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Provided that at the end of ten years from the commencement of this
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Constitution such grants, to the extent to which they are a special concession t
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o
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the Anglo-Indian community, shall cease:
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Provided further that no educational institution shall be entitled to
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receive any grant under this article unless at least forty per cent. of the annu
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al
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admissions therein are made available to members of communities other than
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the Anglo-Indian community.
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169
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THE CONSTITUTION OF INDIA
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338. National Commission for Scheduled Castes.—(1) There shall be
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a Commission for the Scheduled Castes to be known as the National
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Commission for the Scheduled Castes.
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(2) Subject to the provisions of any law made in this behalf by
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Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson
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and three other Members and the conditions of service and tenure of office of
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the Chairperson, Vice-Chairperson and other Members so appointed shall be
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such as the President may by rule determine.
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(3) The Chairperson, Vice-Chairperson and other Members of the
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Commission shall be appointed by the President by warrant under his hand and sea
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l.
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(4) The Commission shall have the power to regulate its own procedure.
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(5) It shall be the duty of the Commission—
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(a) to investigate and monitor all matters relating to the safeguards
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provided for the Scheduled Castes under this Constitution or under any
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other law for the time being in force or under any order of the
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Government and to evaluate the working of such safeguards;
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(b) to inquire into specific complaints with respect to the
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deprivation of rights and safeguards of the Scheduled Castes;
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(c) to participate and advise on the planning process of socioeconomic developme
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nt of the Scheduled Castes and to evaluate the
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progress of their development under the Union and any State;
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(d) to present to the President, annually and at such other times as the
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Commission may deem fit, reports upon the working of those safeguards;
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(e) to make in such reports recommendations as to the measures that
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should be taken by the Union or any State for the effective implementation of
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those safeguards and other measures for the protection, welfare and socioeconomi
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c development of the Scheduled Castes; and
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(f) to discharge such other functions in relation to the protection,
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welfare and development and advancement of the Scheduled Castes as
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the President may, subject to the provisions of any law made by
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Parliament, by rule specify.
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(6) The President shall cause all such reports to be laid before each
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House of Parliament along with a memorandum explaining the action taken or
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proposed to be taken on the recommendations relating to the Union and the
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reasons for the non-acceptance, if any, of any of such recommendations.
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170
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THE CONSTITUTION OF INDIA
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(7) Where any such report, or any part thereof, relates to any matter with
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which any State Government is concerned, a copy of such report shall be
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forwarded to the Governor of the State who shall cause it to be laid before the
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Legislature of the State along with a memorandum explaining the action taken
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or proposed to be taken on the recommendations relating to the State and the
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reasons for the non-acceptance, if any, of any of such recommendations.
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(8) The Commission shall, while investigating any matter referred to in
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sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of
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clause (5), have all the powers of a civil court trying a suit and in particular
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in
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respect of the following matters, namely :—
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(a) summoning and enforcing the attendance of any person from
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any part of India and examining him on oath;
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(b) requiring the discovery and production of any document;
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(c) receiving evidence on affidavits;
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(d) requisitioning any public record or copy thereof from any
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court or office;
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(e) issuing commissions for the examination of witnesses and
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documents;
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(f) any other matter which the President may, by rule, determine.
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(9) The Union and every State Government shall consult the
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Commission on all major policy matters affecting Scheduled Castes.
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(10) In this article, references to the Scheduled Castes shall be construed
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as including references to such other backward classes as the President may, on
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receipt of the report of a Commission appointed under clause (1) of article 340,
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by order specify and also to the Anglo-Indian community.
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338A. National Commission for Scheduled Tribes.—(1) There shall
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be a Commission for the Scheduled Tribes to be known as the National
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Commission for the Scheduled Tribes.
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(2) Subject to the provisions of any law made in this behalf by
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Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson
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and three other Members and the conditions of service and tenure of office of
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the Chairperson, Vice-Chairperson and other Members so appointed shall be
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such as the President may by rule determine.
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171
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THE CONSTITUTION OF INDIA
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(3) The Chairperson, Vice-Chairperson and other Members of the
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Commission shall be appointed by the President by warrant under his hand and sea
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l.
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(4) The Commission shall have the power to regulate its own procedure.
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(5) It shall be the duty of the Commission—
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(a) to investigate and monitor all matters relating to the
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safeguards provided for the Scheduled Tribes under this Constitution or
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under any other law for the time being in force or under any order of the
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Government and to evaluate the working of such safeguards;
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(b) to inquire into specific complaints with respect to the
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deprivation of rights and safeguards of the Scheduled Tribes;
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(c) to participate and advise on the planning process of socioeconomic developme
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nt of the Scheduled Tribes and to evaluate the
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progress of their development under the Union and any State;
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(d) to present to the President, annually and at such other times as
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the Commission may deem fit, reports upon the working of those
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safeguards;
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(e) to make in such reports recommendation as to the
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measures that should be taken by the Union or any State for the
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effective implementation of those safeguards and other measures
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for the protection, welfare and socio-economic development of the
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Scheduled Tribes; and
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(f) to discharge such other functions in relation to the protection,
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welfare and development and advancement of the Scheduled Tribes as
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the President may, subject to the provisions of any law made by
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Parliament, by rule specify.
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(6) The President shall cause all such reports to be laid before each
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House of Parliament along with a memorandum explaining the action taken or
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proposed to be taken on the recommendations relating to the Union and the
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reasons for the non-acceptance, if any, of any such recommendations.
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(7) Where any such report, or any part thereof, relates to any matter
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with which any State Government is concerned, a copy of such report shall be
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forwarded to the Governor of the State who shall cause it to be laid before the
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Legislature of the State along with a memorandum explaining the action taken
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or proposed to be taken on the recommendations relating to the State and the
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reasons for the non-acceptance, if any, of any of such recommendations.
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172
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THE CONSTITUTION OF INDIA
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(8) The Commission shall, while investigating any matter referred to in
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sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of
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clause (5), have all the powers of a civil court trying a suit and in particular
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in
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respect of the following matters, namely:—
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(a) Summoning and enforcing the attendance of any person from
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any part of India and examining him on oath;
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(b) requiring the discovery and production of any document;
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(c) receiving evidence on affidavits;
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(d) requisitioning any public record or copy thereof from any
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court or office;
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(e) issuing commissions for the examination of witnesses and documents;
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(f) any other matter which the President may, by rule, determine.
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(9) The Union and every State Government shall consult the
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Commission on all major policy matters affecting Scheduled Tribes.
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339. Control of the Union over the administration of Scheduled
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Areas and the welfare of Scheduled Tribes.—(1) The President may at any
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time and shall, at the expiration of ten years from the commencement of this
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Constitution by order appoint a Commission to report on the administration of
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the Scheduled Areas and the welfare of the Scheduled Tribes in the States.
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The order may define the composition, powers and procedure of the
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Commission and may contain such incidental or ancillary provisions as the
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President may consider necessary or desirable.
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(2) The executive power of the Union shall extend to the giving of
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directions to a State as to the drawing up and execution of schemes specified in
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the direction to be essential for the welfare of the Scheduled Tribes in the Sta
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te.
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340. Appointment of a Commission to investigate the conditions of
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backward classes.—(1) The President may by order appoint a Commission
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consisting of such persons as he thinks fit to investigate the conditions of
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socially and educationally backward classes within the territory of India and th
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e
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difficulties under which they labour and to make recommendations as to the
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steps that should be taken by the Union or any State to remove such difficulties
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and to improve their condition and as to the grants that should be made for the
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purpose by the Union or any State and the conditions subject to which such
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grants should be made, and the order appointing such Commission shall define
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the procedure to be followed by the Commission.
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173
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THE CONSTITUTION OF INDIA
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(2) A Commission so appointed shall investigate the matters referred to
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them and present to the President a report setting out the facts as found by the
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m
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and making such recommendations as they think proper.
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(3) The President shall cause a copy of the report so presented together
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with a memorandum explaining the action taken thereon to be laid before each
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House of Parliament.
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341. Scheduled Castes.—(1) The President may with respect to any
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State or Union territory, and where it is a State, after consultation with the
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Governor thereof, by public notification, specify the castes, races or tribes or
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parts of or groups within castes, races or tribes which shall for the purposes o
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f
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this Constitution be deemed to be Scheduled Castes in relation to that State or
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Union territory, as the case may be.
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(2) Parliament may by law include in or exclude from the list of
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Scheduled Castes specified in a notification issued under clause (1) any caste,
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race or tribe or part of or group within any caste, race or tribe, but save as
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aforesaid a notification issued under the said clause shall not be varied by any
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subsequent notification.
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342. Scheduled Tribes.—(1) The President may with respect to any
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State or Union territory, and where it is a State, after consultation with the
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Governor thereof, by public notification, specify the tribes or tribal
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communities or parts of or groups within tribes or tribal communities which
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shall for the purposes of this Constitution be deemed to be Scheduled Tribes in
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relation to that State or Union territory, as the case may be.
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(2) Parliament may by law include in or exclude from the list of
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Scheduled Tribes specified in a notification issued under clause (1) any tribe o
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r
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tribal community or part of or group within any tribe or tribal community, but
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save as aforesaid a notification issued under the said clause shall not be varie
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d
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by any subsequent notification.
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