Part 16 of Indian Constitution: Special Provisions for SC/ST/OBC (Articles 330-342)
IMPORTANT LINKS
Part 16 of Indian Constitution outlines ‘Special Provisions Relating to Certain Classes.’ It focuses on the empowerment and inclusion of Scheduled Castes (SCs), Scheduled Tribes (STs) and the Anglo-Indian community. It provides for their representation in legislatures, as well as reservations in education and public employment, to ensure social justice and equal opportunities. Explore other Constitutional Articles.
Part |
Articles |
Description |
Part 16 |
Articles 330-342 |
Special Provisions relating to certain classes |
Part 16 of Indian Constitution Overview
Part 16 of Indian Constitution provides special provisions for the representation and advancement of Scheduled Castes (SC), Scheduled Tribes (ST) and Anglo-Indian community. It mandates the reservation of seats for Scheduled Caste and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies and also representation for the Anglo-Indian community in both Houses. According to Article 334, these provisions are set to cease after 60 years. Article 335 recognizes the claims of Scheduled Caste and Scheduled Tribes to services. Article 338 and Article 338A establish National Commissions for both groups. Part 16 of the Constitution of India aims to promote social justice and ensure adequate representation for marginalized communities in India.
Download 5 key take aways on Part 16 of Indian Constitution Free PDF
Part XVI of Indian Constitution Scheme
Part 16 of Indian Constitution deals with special provisions relating to certain classes mainly focusing on the representation and upliftment of Scheduled Castes (SCs), Scheduled Tribes (STs) and the Anglo-Indian community. Following is a brief overview of the components in Part 16 of Constitution of India:
Part |
Articles |
Description |
Part 16 - |
Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People |
|
Article 331 |
Representation of the Anglo-Indian Community in the House of the People |
|
Article 332 |
Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States |
|
Article 333 |
Representation of the Anglo-Indian community in the Legislative Assemblies of the States |
|
Article 334 |
Reservation of seats and special representation to cease after 60 years |
|
Claims of Scheduled Castes and Scheduled Tribes to services and posts |
||
Article 336 |
Special provision for Anglo-Indian community in certain services |
|
Article 337 |
Special provision with respect to educational grants for the benefit of Anglo-Indian community |
|
National Commission for Scheduled Castes |
||
Article 338A |
National Commission for Scheduled Tribes |
|
Article 339 |
Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes |
|
Article 340 |
Appointment of a Commission to investigate the conditions of backward classes |
|
Article 341 |
Scheduled Castes |
|
Article 342 |
Scheduled Tribes |
Part 16 of Indian Constitution Important Cases
The judiciary has played an important role in interpretation and reinforcement of the provisions under Part 16 of Indian Constitution. The following landmark cases highlighted the constitutional commitment to social justice, representation and effective functioning of bodies established for the welfare of marginalized communities:
- Indra Sawhney vs Union of India (1992): Though it focused on employment reservations but the case highlighted the need for affirmative action and representation and supporting the rationale behind Article 330 of Indian Constitution.
- State of Kerala vs N.M. Thomas (1976): The Court upheld the state's power to implement reservations for backward classes, reinforcing the spirit of Article 330.
- All India Indian Overseas Bank SC/ST Employees’ Welfare Association v. Union of India (1996): The Court stressed active protection of SC/ST rights, underscoring the role of the NCSC under Article 338 under Part 16 of Indian Constitution.
- National Campaign Committee for Construction Labour v. Union of India (2018): The Court noted that weak implementation of bodies like those under Article 338 leads to injustice, stressing the need for empowered constitutional commissions.
Part 16 of Indian Constitution FAQs
What does Part 16 of Indian Constitution deal with?
Part 16 aims to ensure adequate representation and upliftment of Scheduled Castes, Scheduled Tribes and Anglo-Indian community through provisions related to political representation, education, employment and constitutional commissions.
Which Articles are included in Part 16 of Constitution?
Part 16 includes Articles 330 to 342 dealing with reservations, representation in legislatures, and special provisions for SCs, STs, and other backward classes.
What is the role of Article 338 and Article 338A?
Article 338 establishes the National Commission for Scheduled Castes (NCSC) and Article 338A establishes the National Commission for Scheduled Tribes (NCST) to safeguard the rights and monitor the welfare of SCs and STs respectively.
What is the significance of Article 340 in Part 16 of Indian Constitution?
Article 340 empowers the President to appoint a commission to investigate the conditions of socially and educationally backward classes and recommend steps for their advancement.
Is it true that the Anglo-Indian community is still represented in legislatures?
As of the 104th Constitutional Amendment Act, 2019, the provision for nominating Anglo-Indian members to the Lok Sabha and State Legislative Assemblies under Articles 331 and 333 has been abolished.
How does Part 16 contribute to social justice in India?
Part 16 of Indian Constitution ensures inclusive governance, safeguards equal opportunities and promotes the welfare of marginalized communities.