Special provisions relating to certain classes of Indian Republic are steps taken by the Indian legislative, in order to reach the ideal of social equality in the country as laid down by the Constitution of India. However, the term 'equality' needs to be defined in this context. 'Equality before Law' is not the same as 'Equal Protection of Law'. It is the latter, more positive concept that is upheld by the Indian Constitution. It states that the principle of equality does not allude a universal application of the law for persons who are otherwise not members of the same group on the basis of nature, circumstances or attainment. It also implies that the needs of the varying groups of people often necessitate varying treatment, ultimately leading to the goal of socio-economic equality among all citizens of India.

The Indian Constitution clearly says that no state, whether it is political, civil, or otherwise, has the right to discriminate on the basis of sex, religion, race, class or place of birth. The interpretation of this statement implies that no one shall be disfavored by the state merely on these accounts. However, that does not stop the state to take steps in order to provide additional benefits to certain classes who have lagged behind historically in terms of education, economy and employment, in order to materialize the higher goal of social equality. The special provisions that can be taken by the state can be divided on the following heads:

Making special provisions for women and children
Making special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.

The provisions granted to the special classes is based on a policy of protective discrimination, which is however, considered to be concurrent with the ultimate good of the society. As such, it does include reservations in matters of public employment, educational institutes and seat reservations in the various legislative houses for a more comprehensive representation.

It is generally believed, that all members of the above classes need special protection of the law. Therefore, if the legislation formulates, as it does, to safeguard the interests of the above classes, then it is not unconstitutional. The Article 15 of the Indian Constitution prohibits any form of discrimination on the grounds of religion, race, caste, sex and place of birth. The first and second clauses of the Article clearly states this ideal, and prohibits any discriminatory approach on its basis. However, Clause 4 further qualifies the first clause by stating that, the State can take special measures as and when necessary to advance the causes of these protected classes, through special provisions.

Reservation in Education and Employment

The question of special provision for certain classes is integrally linked to the question of reservation. Reservation is an issue that has featured time and again in the scene of Indian politics and governance, and has given rise to heated debates. Article 334 of the Indian Constitution laid down the rules governing the reservations as a way to realize social equality. It provided reservation of seats in the Indian Parliament for the Scheduled Castes and the Scheduled Tribes. It was originally for twenty years, and has been extended regularly ever since.

The Article 16 of the Constitution provides the base for the provisions of the special classes. This article states that there should be equality among all citizens when it comes to appointment to any office under the state, and that there should be no discrimination on any basis including sex, age, class, caste and others. This article stresses on the need to root out communal discrimination, as well as local discrimination. The exceptions to the above rule that purports equality includes a provision, where the State may reserve post or appointment in favor of the backward class of citizens who, in the opinion of the State, are not adequately represented in the services under that State, in order to bring about the goal of socio-economic equality to the disadvantaged. [Art.16 (4)]

Article 334 and Article 335 of the constitution further state that the Scheduled Castes and Scheduled Tribes shall be taken into consideration in the matter of appointment to services and posts under the Union and the States, provided it does not interfere with the maintenance of efficiency in the administrative function. The phrase 'backward classes' was not defined by the constitution, and that has given rise to prolonged debates about its real significance and import. However, it now includes all classes related to special legislative protection including minority groups, Other Backward Classes and women. It is up to the State legislative to revise and ascertain the actual percentage of the reservations from time to time.

Special provisions include reservation of seats and relaxation of qualifying marks for appearance in an examination or an interview leading up to a government job. It also reserves seats in the various offices for appropriate representation that is in-keeping with the demography of the state as revealed by the census. The Supreme Court has stated that there can be reservation up to 50%, which would not be against the 'equality' as formulated by the Constitution. The Mandal Commission, which was implemented in 2006 following much debate, has prescribed a 49.5% reservation in the various government jobs and educational sectors in the country. However, in states where there is a majority of special groups, the reservation can go up, depending on the demographics of the state. Tamil Nadu has a reservation that is much higher than the 50% mark.

Reservations in Educational Institutions are an integral part of the provisions extended towards the members of the special categories including Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minority religious groups and women. It is derived from the Article 335 of the Indian Constitution. The idea behind the reservation in the educational institutes is to increase the diversity of representation in the educational institutes, as well as to better the chances of social equality in India. However, minority institutions that are run by religious bodies are exempt from this rule.

Reservation in the Indian Parliament

Special Provisions are extended to the Scheduled Castes and Scheduled Tribes as far as seats in the Parliament are concerned on the basis of the Article 330. This is to bring about a representation in the Parliament that is proportionate to the population status of the above classes as revealed by the census. According to the 1st Schedule of the Representation of People Act, 1950, there are 79 seats reserved for the Scheduled Castes and 41 seats reserved for the Scheduled Tribes in the Lok Sabha.

Anglo-Indian Representation in the Parliament

The Article 333 of the Constitution provides the Governor with the right to ascertain the number and also forward the nomination of the Anglo-Indian representative to the State Assemblies. However, as far as the Parliament goes, the Constitution does not allow for more than one representative of the Anglo-Indian community to be nominated to the Parliament.

Last Updated on : 25 January 2011