2019 – Posted in: Daily News – Tags: Provisions for Reservations

Union cabinet approves SC/ST reservation in Lok Sabha

For: Preliminary & Mains

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About SC/ST Reservation in Lok Sabha and State assemblies

News Flash

The Union Cabinet approved to extend the reservation for SCs and STs in the Lok Sabha and state assemblies for 10 years, but is learnt to have done away with a similar quota for the Anglo-Indian community.
The reservation for these categories in the LS and the assemblies was to expire on January 25, 2020.
The government will bring a bill to extend the reservation till January 25, 2030, in the ongoing winter session.

Key Points

Reservation for Scheduled Castes and Scheduled Tribes in the legislature is carried out through constitutional amendments.
Reservation in jobs for these categories is decided by respective state governments.
According to the government, the Anglo-Indian community is doing well and does not need a reservation in the legislature.

Points to remember

There are 84 seats reserved for Scheduled Caste and 47 from Scheduled Tribe in parliament.
In-state assemblies across India, 614 seats are reserved for SC communities and 554 for ST communities.

Provision for Reservation

Article 334 of the Constitution lays down that the provisions of the Constitution relating to the reservation of seats for the Scheduled Castes and the Scheduled Tribes and the representation of the Anglo-Indian community by nomination in the Lok Sabha and in the Legislative Assemblies of the States shall cease to have effect on the expiration of a period of thirty years from the commencement of the constitution.
Article 334 of the Constitution had originally required the reservation of elected seats to cease in 1960, but this was extended to 1970 by the 8th Amendment. The article has been amended from time to time, with the last changed being done through the 95th amendment in 2009.
Part XVI deals with reservation of SC and ST in Central and State legislatures.
Article 15(4) and 16(4) of the Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST.
The Constitution was amended by the Constitution (77th Amendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.
Later, clause (4A) was modified by the Constitution (85th Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservation.
Constitutional 81st Amendment Act, 2000 inserted Article 16 (4 B) which enables the state to fill the unfilled vacancies of a year which are reserved for SCs/STs in the succeeding year, thereby nullifying the ceiling of fifty percent reservation on the total number of vacancies of that year.
Article 330 and 332 provides for specific representation through the reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.
Article 243D provides reservation of seats for SCs and STs in every Panchayat.
Article 233T provides reservation of seats for SCs and STs in every Municipality.
Article 335 of the constitution says that the claims of STs and STs shall be taken into consideration constituently with the maintenance of efficacy of the administration.

Anglo Indian

The term Anglo-Indian can refer to at least two groups of people: those with mixed Indian and British (specifically English) ancestry and people of British/English descent born or living in India.
During the centuries that Britain was in India, the children born to unions between British men and Indian women(and vice versa) began to form a new community. These Anglo-Indians formed a small but significant portion of the population during the British Raj, and were well represented in certain administrative roles.

Scheduled Castes and Scheduled Tribes

The Scheduled Castes and Scheduled Tribes are officially designated groups of people in India.
The terms are recognised in the Constitution of India and the groups are designated in one or other of the categories.
Since the independence of India, the Scheduled Castes and Scheduled Tribes were given Reservation status, guaranteeing political representation.

Source: Deccan Herald