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Constitutional Law

Part XVI of Indian Constitution

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 06-Oct-2025

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  • Constitution of India, 1950 (COI)

Introduction   

India's Constitution contains several provisions aimed at ensuring fair representation and opportunities for communities that have historically faced discrimination and disadvantage. Part XVI of the Constitution, titled "Special Provisions Relating to Certain Classes," establishes a framework for affirmative action that remains relevant even today. 

Reserved Seats in Parliament and State Legislatures 

  • Article 330 of the Constitution mandates that seats be reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in the Lok Sabha (House of the People). Similarly, Article 332 provides for reservation of seats in State Legislative Assemblies. The number of reserved seats is proportional to these communities' population in each state or union territory.  
  • This ensures that these historically marginalized groups have a voice in the country's legislative process that reflects their demographic presence. 
  • For instance, if Scheduled Castes constitute 15% of a state's population, approximately 15% of that state's seats in Parliament should be reserved for SC candidates. The same principle applies to Scheduled Tribes, with special provisions for tribal autonomous districts in Assam, which receive additional protections given their unique circumstances. 
  • An interesting technical aspect is that the Constitution freezes the population figures used for these calculations. Currently, the 2001 census data determines seat allocation, and this will remain the case until figures from the first census after 2026 are published. This freeze was implemented to encourage population control measures without penalizing states that successfully reduced population growth. 

Representation for the Anglo-Indian Community 

  • Articles 331 and 333 recognize the Anglo-Indian community's need for representation, though with different mechanisms. Under Article 331, the President may nominate up to two Anglo-Indian members to the Lok Sabha if the community appears inadequately represented. Similarly, under Article 333, state governors can nominate one Anglo-Indian member to their Legislative Assemblies. 
  • However, unlike SC/ST reservations, this provision for Anglo-Indians was always intended to be temporary.  
  • The nomination rights for Anglo-Indians expired after seventy years from the Constitution's commencement, which means they ceased in January 2020. 

Time-Bound Nature of Reservations 

  • A crucial aspect often misunderstood is that even SC/ST seat reservations were not originally intended to be permanent.  
  • Article 334 initially provided that these reservations would last only ten years. However, recognizing that discrimination and disadvantage cannot be eliminated so quickly, Parliament has repeatedly extended this period through constitutional amendments.  
  • Currently, SC/ST reservations in legislatures are guaranteed until January 2030—eighty years after the Constitution came into force. 

Employment and Educational Considerations 

  • Beyond legislative representation, the Constitution addresses employment in government services. Article 335 requires that SC/ST candidates' claims be considered for appointments while maintaining administrative efficiency. A 2000 amendment explicitly permits relaxation in qualifying marks, lower evaluation standards, and reservations in promotions for these communities. 
  • Article 336 provided the Anglo-Indian community special employment protections in railway, customs, postal, and telegraph services, but these were designed to phase out gradually over ten years and have long since expired. 
  • Similarly, Article 337 stipulated that educational grants for Anglo-Indian institutions would be provided on a declining scale for ten years after 1950. 

Constitutional Commitment to Social Justice 

  • These provisions embody the Constitution's vision of building an egalitarian society where historical injustices are actively corrected. The reservation system acknowledges that centuries of exclusion cannot be remedied merely by formal equality under law.  
  • Instead, affirmative measures are essential to ensure that marginalized communities can meaningfully participate in governance and access opportunities that were systematically denied to them. 
  • The proportional representation formula demonstrates careful balancing—ensuring adequate representation without disproportionate allocation.  
  • The special provisions for northeastern states and autonomous districts reflect sensitivity to regional diversity and tribal identities. Meanwhile, provisions allowing relaxation in standards under Article 335 recognize that merit must be evaluated contextually, considering the socio-economic disadvantages faced by these communities. 

Conclusion  

As India progresses, these constitutional protections remain subjects of  discussion. While significant strides have been made in political representation and social mobility for SC/ST communities, data suggests persistent disparities in education, employment, and economic status. The multiple extensions of Article 334—from ten years to eighty years—reflect Parliament's assessment that structural inequalities require sustained intervention. Whether further extensions will be necessary beyond 2030 will depend on objective evaluation of progress achieved and challenges remaining in India's journey toward substantive equality for all citizens.