Part XVI of the Constitution of India: Difference between revisions

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Part XVI of the Constitution of India establishes that certain castes and tribes shall be represented in the Lok Sabha (the lower house in India's bicameral legislature) in proportion to their population—that is, if the specified caste makes up 20% of the population in a given province, at least 20% of that province's members of the Lok Sabha must be of that caste. The Constitution specifies that this is to be accomplished "as nearly as may be", accepting that due to limited delegation size proportions not always match exactly.^[1]

Provisions

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

331. Representation of the Anglo-Indian Community in the House of the People.

332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.

333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States.

334. Reservation of seats and special representation to cease after certain period.

This provision limits the reservation for Scheduled castes and Tribes by ending it 10 years from commencement of the constitution i.e., 1960 initially. The expiry date was later extended by 10 years by multiple amendments. The latest amendment extending it to 25 January 2030.

Text

Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to—

(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and

(b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination,

shall cease to have effect on the expiration of a period of [eighty years in respect of clause (a)and seventy years in respect of clause (b)]from the commencement of this Constitution: Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.^[2]

Amendments

8th Amendment - Reservation extended upto 25th January, 1970.

23rd Amendment - Reservation extended upto 25th January, 1980.

45th Amendment - Reservation extended upto 25th January, 1990.

62nd Amendment - Reservation extended upto 25th January, 2000.

79th Amendment - Reservation extended upto 25th January, 2010.

95th Amendment - Reservation extended upto 25th January, 2020.

104th Amendment - Reservation extended upto 25th January, 2030.

335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.

336. Special provision for Anglo-Indian community in certain services.

337. Special provision with respect to educational grants for the benefit of Anglo-Indian community.

338. National Commission for Scheduled Casts.

338B. National Commission for Backward Classes.

339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes.

340. Appointment of a Commission to investigate the conditions of backward classes

341. Scheduled Castes.

342. Scheduled Tribes.

342A. Socially and educationally backward classes.

References

↑ Constitution of India 2007, pp. 200–211.
↑ "Part XVI of the Constitution of India p139" (PDF).{{cite web}}: CS1 maint: url-status (link)

Sources

"The Constitution of India" (PDF). Government of India, Ministry of Law and Justice. 1 December 2007 [1950]. Archived from the original (PDF) on 9 September 2014.
Part XVI text from wikisource

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[FOOTNOTEConstitution_of_India2007200–211-1] Constitution of India 2007, pp. 200–211.

[2] "Part XVI of the Constitution of India p139" (PDF).{{cite web}}: CS1 maint: url-status (link)

[1]

[2]

@@ Line 2: / Line 2: @@
 {{Short description|Constitutional Law governing caste representation in India's legislature}}{{Use Indian English|date=January 2019}}{{Indian Constitution TOC}}
 '''Part XVI of the [[Constitution of India|Constitution]] of [[India]]''' establishes that certain [[caste]]s and [[tribe]]s shall be represented in the [[Lok Sabha]] (the lower house in India's [[bicameral]] [[legislature]]) in proportion to their population—that is, if the specified caste makes up 20% of the population in a given province, at least 20% of that province's members of the Lok Sabha must be of that caste. The Constitution specifies that this is to be accomplished "as nearly as may be", accepting that due to limited delegation size proportions  not always match exactly.{{Sfn|Constitution of India|2007|pp=200–211}}
+== Provisions ==
+=== 330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People. ===
+=== 331. Representation of the Anglo-Indian Community in the House of the People. ===
+=== 332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States. ===
+=== 333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States. ===
+=== 334. Reservation of seats and special representation to cease after certain period. ===
+This provision limits the reservation for Scheduled castes and Tribes by ending it 10 years from commencement of the constitution i.e., 1960 initially. The expiry date was later extended by 10 years by multiple amendments. The latest amendment extending it to 25 January 2030.
+==== Text ====
+Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to—
+(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and
+(b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination,
+shall cease to have effect on the expiration of a period of [eighty years in respect of clause (a)and seventy years in respect of clause (b)]from the commencement of this Constitution: Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.<ref>{{Cite web|title=Part XVI of the Constitution of India p139|url=https://legislative.gov.in/sites/default/files/COI_1.pdf|url-status=live}}</ref>
+==== Amendments ====
+[[Eighth Amendment of the Constitution of India|8th Amendment]] - Reservation extended upto ''25th January, 1970.''
+[[Twenty-third Amendment of the Constitution of India|23rd Amendment]] - Reservation extended upto ''25th January, 1980.''
+[[Forty-fifth Amendment of the Constitution of India|45th Amendment]] - Reservation extended upto ''25th January, 1990.''
+[[Sixty-second Amendment of the Constitution of India|62nd Amendment]] - Reservation extended upto ''25th January, 2000.''
+[[Seventy-ninth Amendment of the Constitution of India|79th Amendment]] - Reservation extended upto ''25th January, 2010.''
+[[Ninety-fifth Amendment of the Constitution of India|95th Amendment]] - Reservation extended upto ''25th January, 2020.''
+[[One Hundred and Fourth Amendment of the Constitution of India|104th Amendment]] - Reservation extended upto ''25th January, 2030.''
+=== 335. Claims of Scheduled Castes and Scheduled Tribes to services and posts. ===
+=== 336. Special provision for Anglo-Indian community in certain services. ===
+=== 337. Special provision with respect to educational grants for the benefit of Anglo-Indian community. ===
+=== 338. National Commission for Scheduled Casts. ===
+=== 338B. National Commission for Backward Classes. ===
+=== 339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes. ===
+=== 340. Appointment of a Commission to investigate the conditions of backward classes ===
+=== 341. Scheduled  Castes. ===
+=== 342. Scheduled Tribes. ===
+=== 342A. Socially and educationally backward classes. ===
 ==References==
@@ Line 8: / Line 65: @@
 ;Sources
 {{Refbegin}}
-*{{Cite web |ref={{SfnRef|Constitution of India|2007}} |url=http://lawmin.nic.in/coi/coiason29july08.pdf |title=The Constitution of India |format=PDF |publisher=[[Government of India]], [[Ministry of Law and Justice (India)|Ministry of Law and Justice]] |date={{Date|2007-12-01}} |orig-year=1950 |url-status=dead |archive-url=https://web.archive.org/web/20140909230437/http://lawmin.nic.in/coi/coiason29july08.pdf |archive-date=2014-09-09 }}
+*{{Cite web |ref={{SfnRef|Constitution of India|2007}} |url=http://lawmin.nic.in/coi/coiason29july08.pdf |title=The Constitution of India |format=PDF |publisher=[[Government of India]], [[Ministry of Law and Justice (India)|Ministry of Law and Justice]] |date=1 December 2007 |orig-year=1950 |url-status=dead |archive-url=https://web.archive.org/web/20140909230437/http://lawmin.nic.in/coi/coiason29july08.pdf |archive-date=2014-09-09 }}
 *[[s:Constitution of India/Part XVI|Part XVI text from wikisource]]
 {{Refend}}

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