Article 330 of Indian Constitution: Reservation for SCs and STs in the House of the People

Article 330 of Indian Constitution has an important role in ensuring political representation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in democratic structure of India . It mandates the reservation of seats for these communities in the Lok Sabha, the lower house of Parliament. This article delves into the specifics of Article 330, its interpretations, landmark judgments, significance, developments, and amendments over time. Explore in-depth analysis of other Constitutional Articles.

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Article 330 of Indian Constitution : Introduction

The commitment of India to social justice and equality is enshrined in its Constitution . Recognizing the historical marginalization of certain communities the framers incorporated provisions to ensure their adequate representation in legislative bodies . Article 330 is a testament to this commitment aiming to provide SCs and STs with a voice in the nation's highest decision-making forum .

Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

• Seats shall be reserved in the House of the People for— (a) the Scheduled Castes; (b) the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and (c) the Scheduled Tribes in the autonomous districts of Assam.
• The number of seats reserved in any State or Union territory for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State or Union territory in the House of the People as the population of the Scheduled Castes in the State or Union territory or of the Scheduled Tribes in the State or Union territory or part of the State or Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union territory.
• Notwithstanding anything contained in clause (2), the number of seats reserved in the House of the People for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than the population of the Scheduled Tribes in the said autonomous districts bears to the total population of the State.

Explanation.—In this article and in article 332, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published:

Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2001 census.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference no modifications have been made to the original laws and orders"

Article 330 of Indian Constitution : Simplified Interpretation 

Under the Indian Constitution , Article 330 ensures that SCs and STs have reserved seats in the Lok Sabha to facilitate their participation in the legislative process. The allocation of these seats is proportional to their population in each state or Union territory ensuring fair representation. A special provision exists for the autonomous districts of Assam, guaranteeing that the reservation for STs in these areas is not less than their population proportion in the state.

The term "population" refers to the most recent census data available. However, until the figures from the first census after 2026 are published the 2001 census data will be used for this purpose.

Several judicial pronouncements have shaped the understanding and implementation of Article 330:

• Kartar Singh vs. State of Punjab (1994) : The Supreme Court upheld the constitutionality of reservation provisions including those under Article 330 emphasizing their necessity for achieving social justice.
• Indra Sawhney vs Union of India (1992) : While primarily addressing reservations in employment, the principles of affirmative action and the need for representation discussed in this case are pertinent to understanding the importance of Article 330.
• State of Kerala vs. N.M Thomas (1976) : The Court recognized the state's authority to implement measures including reservations to uplift backward classes reinforcing the ethos behind Article 330 .
• Ashoka Kumar Thakur vs. Union of India (2008): This judgment reiterated the significance of reservations in ensuring equal opportunities and representation for marginalized communities.

Article 330 of Indian Constitution : Significance

Article 330 plays a key role in India's democracy. It gives Scheduled Castes (SCs) and Scheduled Tribes (STs) a voice in the Lok Sabha, the country’s top law-making body. By ensuring seats based on population, it helps correct past wrongs and supports fair representation. The article not only gives power to marginalized groups but also strengthens democracy by bringing in more diverse views .

Article 330 of Indian Constitution : Developments and Amendments

Over the years Article 330 has undergone several amendments to address emerging needs :

• 23rd Amendment (1969): Excluded the operation of Article 330 in Nagaland, recognizing its predominantly tribal population.
• 51st Amendment (1984): Extended reservations to the states of Meghalaya, Arunachal Pradesh, and Mizoram, acknowledging their significant tribal populations.
• 87th Amendment (2003): Updated the reference for population figures from the 1991 to the 2001 census for determining reserved seats.
• 104th Amendment (2019) : Extended the reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies for another ten years up to 2030 .

These amendments reflect the dynamic nature of India's socio-political landscape and the continuous efforts for adequate representation for marginalized communities.

Conclusion

Article 330 of the Indian Constitution shows the country’s strong commitment to social justice and equal governance. It ensures fair representation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha based on their population. This helps correct past injustices and builds a more equal democracy. Changes and new interpretations over time highlight India’s ongoing effort to make its democracy fair and inclusive for everyone .