Part XVI: Special Provisions Relating to Certain Classes

Article 334: Reservation of Seats and Special Representation

Original Article:

Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to the reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People and Legislative Assemblies of the States, and the representation of the Anglo-Indian community by nomination, shall cease after eighty years in respect of Scheduled Castes and Scheduled Tribes and seventy years for Anglo-Indians.

Provisions for continuation apply until the dissolution of the current House or Assembly.

Explanations:

Article 334 specifies a time limit for the reservation of seats for Scheduled Castes and Scheduled Tribes (SCs and STs) and the nomination of Anglo-Indian representatives in legislative bodies. This provision emphasizes the evolving nature of representation while addressing the socio-economic disparities of these communities over time.

Clause-by-Clause Explanation:

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

Initially set to expire after ten years, the reservation for SCs and STs in Lok Sabha and State Assemblies has been extended multiple times, reflecting the need for continued representation.

Clause (b): Nomination of Anglo-Indian Representatives

This clause allowed for the nomination of Anglo-Indian members, which ceased in 2020 following the Constitution (One Hundred and Fourth Amendment) Act, 2019.

Legislative History:

Article 334 has been amended multiple times to extend the duration of reservations and nominations:

• Forty-fifth Amendment (1980): Extended reservation to forty years.
• Sixty-second Amendment (1989): Extended reservation to fifty years.
• Seventy-ninth Amendment (1999): Extended reservation to sixty years.
• Ninety-fifth Amendment (2009): Extended reservation to seventy years.
• One Hundred and Fourth Amendment (2019): Extended reservation for SCs and STs to eighty years and ended Anglo-Indian representation.

Amendments:

• Forty-fifth Amendment: Extended the duration of reservation to forty years.
• One Hundred and Fourth Amendment: Ended Anglo-Indian nominations while extending SC/ST reservation to eighty years.

Debates and Deliberations:

The Constituent Assembly emphasized the temporary nature of these provisions while ensuring adequate representation for SCs, STs, and Anglo-Indians. Members discussed the need for periodic reviews to assess their continued relevance.