Part XVI: Special Provisions for Certain Classes

Article 340: Appointment of a Commission to Investigate Backward Classes

Original Article:

(1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.

(2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.

(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.

Explanations:

Article 340 empowers the President to establish a commission to address the socio-economic and educational challenges faced by socially and educationally backward classes. The Article reflects the constitutional commitment to social justice and equity.

Clause-by-Clause Explanation:

Clause (1): Empowering the President

The President has the authority to appoint a commission to investigate the socio-economic and educational challenges faced by backward classes. The clause mandates recommendations for improving their conditions and grants for assistance.

Real-Life Example: The Mandal Commission (1979) was established under Article 340 to assess the socio-economic conditions of backward classes and recommend affirmative action policies.

Clause (2): Duties of the Commission

The appointed commission must investigate the challenges faced by backward classes and present a detailed report with actionable recommendations to the President.

Real-Life Example: The Mandal Commission’s report led to the implementation of a 27% reservation for OBCs in government jobs and educational institutions.

Clause (3): Parliamentary Oversight

The President must present the commission’s report, along with a memorandum explaining the actions taken, to both Houses of Parliament. This ensures transparency and accountability.

Amendments:

While Article 340 itself has not been amended, commissions formed under its provisions, such as the Mandal Commission, have significantly influenced India’s social justice policies.

Historical Significance:

Article 340 underscores the Indian Constitution’s focus on social justice by addressing historical inequities faced by backward classes. It has been pivotal in shaping affirmative action policies, ensuring equitable opportunities for marginalized communities.

Real-Life Examples:

Mandal Commission (1979): Established under Article 340, the Mandal Commission assessed the socio-economic conditions of backward classes and recommended reservations in jobs and education, leading to transformative policies in India.

Justice Rohini Commission (2017): Formed to examine sub-categorization within OBCs, this commission’s findings aim to ensure equitable distribution of benefits among all OBC communities.