Part XVI: Special Provisions Relating to Certain Classes

Article 332: Reservation of Seats for Scheduled Castes and Scheduled Tribes

Overview of Article 332: Reservation of Seats for Scheduled Castes and Scheduled Tribes

Original Article:

(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes, except the Scheduled Tribes in the autonomous districts of Assam, in the Legislative Assembly of every State.

(2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the State of Assam.

(3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to the total population of the State.

(3A) Special provisions for Arunachal Pradesh, Meghalaya, Mizoram, and Nagaland as per the Constitution (Fifty-seventh Amendment) Act, 1987.

(3B) Special provisions for Tripura as per the Constitution (Seventy-second Amendment) Act, 1992.

(4) The number of seats reserved for an autonomous district in Assam shall be proportional to its population relative to the State.

(5) Constituencies reserved for autonomous districts of Assam shall not include areas outside those districts.

(6) Eligibility for election in these districts is limited to Scheduled Tribe members of the district.

Explanations:

Article 332 of the Indian Constitution ensures representation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in State Legislative Assemblies, reinforcing the constitutional commitment to social justice and inclusivity.

Clause-by-Clause Explanation:

Clause (1): Reservation for Scheduled Castes and Scheduled Tribes

This clause mandates seat reservations for SCs and STs in state legislatures, excluding autonomous districts of Assam.

Clause (2): Reservation for Autonomous Districts in Assam

Ensures representation for the unique administrative and cultural characteristics of Assam's autonomous districts.

Clause (3): Proportional Representation

The reservation of seats is proportional to the population of SCs and STs in the respective state or region.

Clause (3A): Special Provisions for Certain States

Special reservation criteria for Arunachal Pradesh, Meghalaya, Mizoram, and Nagaland until census-based readjustments are implemented.

Clause (3B): Special Provisions for Tripura

Similar provisions for Tripura ensuring reservation based on previous census data until readjustments are made.

Clause (4): Autonomous District Representation

Seats reserved for autonomous districts in Assam are proportional to their population compared to the State's total population.

Clause (5): Delimitation of Constituencies

Reserved constituencies for autonomous districts must remain within the district's boundaries.

Clause (6): Eligibility for Election

Only members of Scheduled Tribes from the respective autonomous districts can contest elections from these reserved constituencies.

Legislative History:

Article 332 evolved through significant amendments, such as the Constitution (Fifty-first Amendment) Act, 1984, which excluded autonomous districts of Assam from reservation mandates, and subsequent amendments addressing unique state-specific needs.

Amendments:

  • Fifty-first Amendment: Excluded Scheduled Tribes in autonomous districts of Assam from general reservation provisions.
  • Fifty-seventh Amendment: Special provisions for northeastern states like Arunachal Pradesh and Mizoram.
  • Seventy-second Amendment: Introduced special provisions for Tripura's reservation criteria.

Debates and Deliberations:

The Constituent Assembly debated extensively on proportional representation, balancing representation of marginalized communities while addressing state-specific demographics.

Frequently Asked Questions (FAQs):

What is the purpose of Article 332?

To ensure SCs and STs are adequately represented in State Legislative Assemblies.

What is the significance of Clause (3)?

It ensures that reservation aligns with the demographic proportion of SCs and STs in each state.

What amendments impacted Article 332?

Notable amendments include the Fifty-first, Fifty-seventh, and Seventy-second Amendments addressing state-specific reservation needs.