Part XVI: Special Provisions Relating to Certain Classes

Article 335: Claims of Scheduled Castes and Scheduled Tribes to Services and Posts

Original Article:

The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State:

Provided that nothing in this article shall prevent the relaxation of qualifying marks in examinations or the lowering of evaluation standards for reservations in matters of promotion to certain classes of services or posts for SCs and STs.

Explanations:

Article 335 ensures that the claims of Scheduled Castes (SCs) and Scheduled Tribes (STs) are considered in public employment while balancing this consideration with the need to maintain administrative efficiency. The article highlights India’s commitment to affirmative action and social justice, ensuring equitable representation in government services.

Clause-by-Clause Explanation:

Claims of SCs and STs:

Public employment decisions must consider the claims of SCs and STs, promoting inclusivity in government services.

Efficiency of Administration:

While considering these claims, Article 335 mandates that administrative efficiency should not be compromised, ensuring a balanced approach.

Relaxation in Standards:

The proviso allows for relaxation in qualifying marks and standards of evaluation for SCs and STs in examinations and promotions, facilitating greater representation in higher positions.

Legislative History:

Article 335 was introduced to address systemic inequalities faced by SCs and STs in accessing public services. Amendments, such as the Eighty-second Amendment (2000), allowed for relaxation in standards for promotions, aligning the article with evolving affirmative action policies.

Amendments:

• Eighty-second Amendment (2000): Allowed relaxation of qualifying marks and evaluation standards for SCs and STs in matters of promotion.

Practical Example:

In various government recruitment processes, such as civil services and public sector undertakings, relaxed qualifying marks for SCs and STs have enabled members of these communities to secure important positions. For example, reserved promotions in administrative services have allowed SC and ST employees to advance to higher ranks, fostering leadership roles within the bureaucracy.

Historical Significance:

Article 335 reflects India’s historical commitment to addressing social inequities and providing a level playing field for historically marginalized communities. Its introduction marked a critical step in ensuring inclusive governance, while subsequent amendments have highlighted the evolving nature of affirmative action in India. The balance between inclusivity and efficiency established by this article remains a cornerstone of India’s public administration ethos.

Debates and Deliberations:

The Constituent Assembly emphasized the need to balance social justice with administrative efficiency. Members debated extensively on ensuring inclusivity without undermining meritocracy in public administration.