235

M 16

BEU M BE v ={v
330. BE +xSi Vi + +xSi VxVi BE A lx BE +Fh--(1) BE
-(BE) +xSi Vi BE A,
1

[(J) + BE V BE +xSi VxVi BE UBE +x +xSi VxVi BE

A, +
(M) + BE V BE +xSi VxVi BE A ,
lx +Fi cM *
(2) Jb (1) BE +vx BE V 2[ P VFj] +xSi Vi +xSi VxVi BE
A +Fi lx BE J BE +x{i, BE = V 2[ P VFj] BE +]i lx BE
BE J lBD c cM V, lli, V 2[ P VFj] BE +xSi Vi BE +l
= V 2[ P VFj] BE = V 2[ P VFj] BE M BE +xSi VxVi BE,
VxBE v lx < |BE +Fi c, VxJ BE +x{i = V 2[ P VFj] BE BE
VxJ c *
3

[(3) Jb (2) BE i BE ci cA , BE + BE V BE +xSi

VxVi BE A +Fi lx BE J BE +x{i, = V BE +]i lx BE BE J BE =
+x{i BE xc cM V =BDi V BE +xSi VxVi BE VxJ BE +x{i = V
BE BE VxJ c *]
4

[{]BEh--< +xSUn + +xSUn 332 , VxJ {n A +i {i VxMhx

+xSi BE M< VxJ +|i c VBE Mi +BE |BEi c MA c :
{xi < {]BEh +i {i VxMhx BE |i, VBE Mi +BE |BEi c MA c, xn
BE, V iBE x 5[2026] BE {Si BE M< {c VxMhx BE Mi +BE |BEi xc c Vi c, c
+l M VAM BE c 6[5[2001] BE VxMhx BE |i xn c *]
331. BE +M-i n BE |ixvi--+xSUn 81 BE i BE ci cA , n
]{i BE c c BE BE +M-i n BE |ixvi {{i xc c i c BE
= n BE n +xvBE n xxni BE BEM *
332. V BE vx + +xSi Vi + +xSi VxVi BE A lx BE
+Fh--(1) 7*** |iBE V BE vx +xSi Vi BE A + 8[+ BE V BE
+xSi VxVi BE UBE] +x +xSi VxVi BE A lx +Fi cM *
(2) + V BE vx V BE A lx +Fi cM *

vx (<BDx vx) +vx, 1984 BE v 2 u (16-6-1986 ) ={Jb (J) BE lx { |il{i *

vx (i vx) +vx, 1956 BE v 29 + +xS u +i&l{i *
3
vx (<BEi vx) +vx, 1973 BE v 3 u +i&l{i *
4
vx ( vx) +vx, 1976 BE v 47 u (3-1-1977 ) +i&l{i *
5
vx (S vx) +vx, 2001 BE v 6 u |il{i *
6
vx (i vx) +vx, 2003 BE v 5 u |il{i *
7
vx (i vx) +vx, 1956 BE v 29 + +xS u {c +xS BE M BE M J xn] n
BE { BE M *
8
vx (<BDx vx) +vx, 1984 BE v 3 u (16-6-1986 ) |il{i *
2

236

PART XVI
SPECIAL PROVISIONS RELATING
TO CERTAIN CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the
People.(1) Seats shall be reserved in the House of the People for
(a) the Scheduled Castes;
1

[(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.
2

(2) The number of seats reserved in any State 3[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 2[or Union territory] in the House of the People as the
population of the Scheduled Castes in the State 2[or Union territory] or of the Scheduled Tribes in
the State 2[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 2[or Union territory].
4

[(3) 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.]
5

[ExplanationIn 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
6
[2026] have been published, be construed as a reference to the 7[8[2001] census.
331. Representation of the Anglo-Indian Community in the House of the People.
Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian
community is not adequately represented in the House of the People, nominate not more than two
members of that community to the House of the People.
332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative
Assemblies of the States.(1) Seats shall be reserved for the Scheduled Castes and the Scheduled
Tribes, 9[except the Scheduled Tribes in the autonomous districts of Assam], in the Legislative
Assembly of every State 10***.
(2) Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the
State of Assam.
1

Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for sub-clause (b) (w.e.f. 16-6-1986).
Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5 for 1971
3
Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
4
Ins. by the Constitution (Thirty-first Amendment) Act, 1973, s. 3.
5
Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47 (w.e.f. 3-1-1977).
6
Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 6, for 2000
7
Subs. by s. , ibid., for 1991.
8
Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5 for 1971
9
Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 3, for certain words (w.e.f. 16-6-1986).
10
The words and letters specified in Part A or Part B of the First Schedule omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch.
2

237

(3) Jb (1) BE +vx BE V BE vx +xSi Vi +xSi VxVi BE A

+Fi lx BE J BE +x{i, = vx lx BE BE J lBD c cM V,
lli, = V BE +xSi Vi BE +l = V BE = V BE M BE +xSi
VxVi BE, VxBE v lx < |BE +Fi c, VxJ BE +x{i = V BE BE VxJ
c *
[(3BE) Jb (3) BE i BE ci cA , x 2[2026] BE {Si BE M< {c VxMhx BE +v
{, +hS |n, P, V + xMb V BE vx + lx BE J BE, +xSUn
170 BE +vx, {x&Vx BE | cx iBE, V lx A BE V BE vx +xSi
VxVi BE A +Fi BEA VAM, -(BE) n vx (kx vx) +vx, 1987 BE |k cx BE iJ BE A V BE
tx vx (V < Jb <BE {Si tx vx BEc M c) lx
+xSi VxVi BE n u vi c i, ABE lx BE UBE lx cM ; +
(J) BE +x n , =ix lx cM, VxBE J BE +x{i, lx BE BE J BE =
+x{i BE xc cM V tx vx +xSi VxVi BE n BE (=BDi iJ BE
ltx) J BE +x{i tx vx lx BE BE J c *]
1

[(3J) Jb (3) BE i BE ci cA , x 2[2026] BE {Si BE M< {c VxMhx BE +v

{, j{ V BE vx lx BE J BE, +xSUn 170 BE +vx, {x&Vx BE | cx
iBE, V lx = vx +xSi VxVi BE A +Fi BEA VAM =ix lx cM VxBE
J BE +x{i, lx BE BE J BE = +x{i BE xc cM V tx vx +xSi
VxVi BE n BE, vx (ck vx) +vx, 1992 BE |k cx BE iJ BE ltx
J BE +x{i =BDi iJ BE = vx lx BE BE J c *]
(4) + V BE vx BE V BE A +Fi lx BE J BE +x{i, =
vx lx BE BE J BE = +x{i BE xc cM V = V BE VxJ BE +x{i
= V BE BE VxJ c *
(5) 4*** + BE BE V BE BE V BE A +Fi lx BE xSx-Fj =
V BE c BE BE< Fj ] xc cM *
(6) BE< BBDi V + V BE BE V BE +xSi VxVi BE n xc c, =
V BE vx BE A 4*** = V BE BE xSx-Fj xSi cx BE {j xc cM :
5

[{i + V BE vx BE xSx BE A, bb |nBE {n Fj V i

xSx-Fj +xSi VxVi + M-+xSi VxVi BE |ixvi, V = |BE +vSi
BE M l + bb |nBE Fj V BE M~x { tx l, xA J VAM *]
333. V BE vx + +M-i n BE |ixvi--+xSUn 170 BE i BE
ci cA , n BE V BE V{ 6*** BE c c BE = V BE vx +M-i
n BE |ixvi +BE c + = =BE |ixvi {{i xc c i c = vx 7[=
n BE ABE n xxni BE BEM *]
1

vx (kx vx) +vx, 1987 BE v 2 u (21-9-1987 ) +i&l{i *

vx (S vx) +vx, 2001 BE v 7 u |il{i *
3
vx (ck vx) +vx, 1992 BE v 2 u (5-12-1992 ) +i&l{i *
4
{k Fj ({xM~x) +vx, 1971 (1971 BE 81) BE v 71 u (21-1-1972 ) BEU n BE { BE M *
5
vx (x vx) +vx, 2003 BE v 2 u +i&l{i *
6
vx (i vx) +vx, 1956 BE v 29 + +xS u V|J n BE { BE M *
7
vx (i< vx) +vx, 1969 BE v 4 u = vx = n BE Vix n c Si Z
xxni BE BEM BE lx { |il{i *
2

238

(3) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative
Assembly of any State under clause (1) shall bear, as nearly as may be, the same proportion to the total
number of seats in the Assembly as the population of the Scheduled Castes in the State or of the Scheduled
Tribes in the State or part of the State, as the case may be, in respect of which seats are so reserved, bears to
the total population of the State.
1

[(3A) Notwithstanding anything contained in clause (3), until the taking effect, under article 170, of the
re-adjustment, on the basis of the first census after the year 2[2026], of the number of seats in the Legislative
Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats which shall be
reserved for the Scheduled Tribes in the Legislative Assembly of any such State shall be,
(a) if all the seats in the Legislative Assembly of such State in existence on the date
of coming into force of the Constitution (Fifty-seventh Amendment) Act, 1987 (hereafter
in this clause referred to as the existing Assembly) are held by members of the Scheduled
Tribes, all the seats except one;
(b) in any other case, such number of seats as bears to the total number of seats, a
proportion not less than the number (as on the said date) of members belonging to the
Scheduled Tribes in the existing Assembly bears to the total number of seats in the
existing Assembly.]
3

[(3B) Notwithstanding anything contained in clause (3), until the re-adjustment, under article 170, takes
effect on the basis of the first census after the year 2[2026], of the number of seats in the Legislative
Assembly of the State of Tripura, the seats which shall be reserved for the Scheduled Tribes in the
Legislative Assembly shall be, such number of seats as bears to the total number of seats, a proportion not
less than the number, as on the date of coming into force of the Constitution (Seventy-second Amendment)
Act, 1992, of members belonging to the Scheduled Tribes in the Legislative Assembly in existence on the
said date bears to the total number of seats in that Assembly.
(4) The number of seats reserved for an autonomous district in the Legislative Assembly of the State of
Assam shall bear to the total number of seats in that Assembly a proportion not less than the population of
the district bears to the total population of the State.
(5) The constituencies for the seats reserved for any autonomous district of Assam shall not comprise any
area outside that district 4***.
(6) No person who is not a member of a Scheduled Tribe of any autonomous district of the State of Assam
shall be eligible for election to the Legislative Assembly of the State from any constituency of that district
4
***:
5

[Provided that for elections to the Legislative Assembly of the State of Assam, the representation of the
Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland Territorial Areas
District, so notified, and existing prior to the constitution of Bodoland Territorial Areas District, shall be
maintained.]
333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States.
Notwithstanding anything in article 170, the Governor 6*** of a State may, if he is of opinion that the AngloIndian community needs representation in the Legislative Assembly of the State and is not adequately
represented therein, 7[nominate one member of that community to the Assembly].

1
2
3
4
5
6
7

Ins. by the Constitution (Fifty-seventh Amendment) Act, 1987, s. 2, (w.e.f. 21-9-1987).

Subs. by the Constitution (Eighty- fourth Amendment) Act, 2001, s. 7.
Ins. by the Constitution (Seventy-second Amendment) Act, 1992, s. 2 (w.e.f. 15-12-1992).
Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71 (w.e.f. 21-1-1972).
Ins. by the Constitution (Ninetieth Amendment) Act, 2003, s. 2.
The words or Rajpramukh omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. .
Subs. by the Constitution (Twenty-third Amendment) Act, 1969, s. 4, for nominate such number of members of the community to the
assemble as he considers appropriate.

239

334. lx BE +Fh + |ixvi BE 1[~ ] BE {Si x cx--< M BE {M

={v BE i BE ci cA ,-(BE) BE + V BE vx + +xSi Vi + +xSi VxVi BE
A lx BE +Fh v, +
(J) BE + V BE vx + xxnx u +M-i n BE
|ixvi v,
< vx BE ={v < vx BE | 1[~ ] BE +v BE {i { | xc cM :
{xi < +xSUn BE BE i BE BE V BE vx BE |ixvi {
i iBE BE< | xc {M V iBE, lli, = tx BE vx BE P]x
xc c Vi c *
335. + + {n BE A +xSi Vi + +xSi VxVi BE n--P BE V
BE BEBE{ vi + + {n BE A xBDi BEx , +xSi Vi + +xSi
VxVi BE n BE n BE |x BE nFi xA Jx BE Mi BE +x vx J VAM :
2

[{xi < +xSUn BE BE< i +xSi Vi + +xSi VxVi BE n BE {F , P

BE V BE BEBE{ vi + BE BE M M {n { |xxi BE +Fh
BE A, BE {F +cBE +BE U] nx BEx BE xBE BE P]x BE A ={v BEx
xi xc BEM *]
336. BEU + +M-i n BE A ={v--(1) < vx BE | BE {Si,
|l n BE nx, P BE , BE, bBE + i v + {n BE A +M-i
n BE n BE xBDi = +v { BE VAM V +v { 15 +Mi, 1947 ~BE {c BE
Vi l *
|iBE =ki n BE +v BE nx =BDi n BE n BE A, =BDi + +Fi {n
BE J ~BE {i n BE +v BE nx < |BE +Fi J l xBE]i n |ii
BE cM :
{xi < vx BE | n BE +i A +Fh {i c VAM *
(2) n +M-i n BE n +x n BE n BE ix MhMh BE +v {
xBDi BE A +ci {A VA i Jb (1) BE +vx = n BE A +Fi {n xx =xBE
+iBDi {n { +M-i n BE n BE xBDi BE = Jb BE BE< i Vi xc BEM *
337. +M-i n BE {En BE A FBE +xnx BE A ={v--< vx BE
| BE {Si, |l ix k BE nx +M-i n BE {En BE A F BE v P
+ 3*** |iBE V u c +xnx, n BE< c, nA VAM V 31 S, 1948 BE {i cx
k nA MA l *

1
2
3

vx (=x vx) +vx, 1999 BE v 2 u (25-1-2000 ) {S BE lx { |il{i *

vx ( vx) +vx, 2000 BE v 2 u +i&l{i *
vx (i vx) +vx, 1956 BE v 29 + +xS u {c +xS BE M BE M J xn] n
+ +F BE { BE M *

240

334. Reservation of seats and special representation to cease after 1[sixty years].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 1[sixty years] 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.
335. Claims of Scheduled Castes and Scheduled Tribes to services and posts.The claims of the
members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently
with the maintenance of efficiency of administration, in the making of appointments to services and posts in
connection with the affairs of the Union or of a State:
2

[Provided that nothing in this article shall prevent in making of any provision in favour of the members of
the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or
lowering the standards of evaluation, for reservation in matters or promotion to any class or classes of
services or posts in connection with the affairs of the Union or of a State.]
336. Special provision for Anglo-Indian community in certain services. (1) During the first two
years after the commencement of this Constitution, appointments of members of the Anglo-Indian
community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the
same basis as immediately before the fifteenth day of August, 1947.
During every succeeding period of two years, the number of posts reserved for the members of the said
community in the said services shall, as nearly as possible, be less by ten per cent. than the numbers so
reserved during the immediately preceding period of two years:
Provided that at the end of ten years from the commencement of this Constitution all such reservations
shall cease.
(2) Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts
other than, or in addition to, those reserved for the community under that clause if such members are found
qualified for appointment on merit as compared with the members of other communities.
337. Special provision with respect to educational grants for the benefit of Anglo-Indian
community. During the first three financial years after the commencement of this Constitution, the same
grants, if any, shall be made by the Union and by each State 3*** for the benefit of the Anglo-Indian
community in respect of education as were made in the financial year ending on the thirty-first day of March,
1948.

1
2
3

Subs. by the Constitution (Seventy-ninth Amendment) Act, 1999, s. 2 for fifty years (w.e.f.25-1-2000).
Ins. by the Constitution (Eighty-second Amendment) Act, 2000, s. 2.
The words and letters specified in Part A or Part B of the First Schedule omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch.

241

|iBE =ki ix BE +v BE nx +xnx ~BE {i ix BE +v BE +{F n |ii

BE c BEM :
{xi < vx BE | n BE +i A +xnx, V j iBE +M-i n BE
A i c = j iBE, {i c VAM :
{xi c + BE BE< F l < +xSUn BE +vx +xnx |{i BEx BE i iBE cBEn xc cM
V iBE =BE BE | BE BE S |ii | +M-i n xx n BE
n BE A ={v xc BEA Vi c *
338. 1[] +xSi Vi +M]--2[(1) +xSi Vi BE A ABE +M cM V ]
+xSi Vi +M BE x Yi cM *
(2) n u < xk x< M< BE v BE ={v BE +vx ci cA, +M ABE +vF, ABE
={vF + ix +x n BE xM + < |BE xBDi BEA MA +vF, ={vF + +x
n BE BE i + {nv A cM V ]{i, x u, +vi BE *]
(3) ]{i +{x ciF + p ci +v{j u +M BE +vF, ={vF + +x n BE
xBDi BEM *
(4) +M BE +{x |E xi BEx BE BDi cM *
(5) +M BE c BEiB cM BE c,-(BE) +xSi Vi 3*** BE A < vx ii |k BE +x v BE BE
BE +n BE +vx ={vi F{ vi BE +xh BE + =x { xMx J
il A F{ BE BEBEh BE BEx BE ;
(J) +xSi Vi 3*** BE =xBE +vBE + F{ Si BEx BE i xn]
BEi BE VS BE ;
(M) +xSi Vi 3*** BE VBE-+lBE BE BE Vx |E M + =x {
c n il P + BE V BE +vx =xBE BE BE |Mi BE BEx BE ;
(P) =x F{ BE BEBEh BE |i, + A +x {, V +M ~BE Z,
]{i BE |inx n ;
(R) A |inx =x ={ BE V =x F{ BE |{h BExx BE A P
BE V u BEA Vx ScA, il +xSi Vi 3*** BE Fh, BEh + VBE+lBE BE BE A +x ={ BE {E BE ;

vx (x vx) +vx, 2003 BE v 2 u (19-2-2004 ) { BE lx { |il{i *

vx ({~ vx) +vx,1990 BE v 2 + ii{Si vx (x vx) +vxA 2003 BE v 2 u
Jb (1) + (2) BE lx { |il{i *
3
vx (x vx) +vx, 2003 BE v 2 u (19-2-2004 ) + +xSi VxVi n BE { BE
M *
2

242

During every succeeding period of three years the grants may be less by ten per cent. than those for the
immediately preceding period of three years :
Provided that at the end of ten years from the commencement of this Constitution such grants, to the extent
to which they are a special concession to the Anglo-Indian community, shall cease:
Provided further that no educational institution shall be entitled to receive any grant under this article
unless at least forty per cent. of the annual admissions therein are made available to members of
communities other than the Anglo-Indian community.
338. 1[National Commission for Scheduled Castes].2[(1) There shall be a Commission for the
Scheduled Castes to be known as the National Commission for the Scheduled Castes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist
of a Chairperson, Vice- Chairperson and three other Members and the conditions of service and tenure of
office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President
may by rule determine.]
(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the
President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission
(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes
3
*** under this Constitution or under any other law for the time being in force or under any order of the
Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the
Scheduled Castes 3 ***;
(c) to participate and advise on the planning process of socio-economic development of the Scheduled
Castes 3*** and to evaluate the progress of their development under the Union and any State;
(d) to present to the President, annually and at such other times as the Commission may deem fit,
reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that should be taken by the Union or
any State for the effective implementation of those safeguards and other measures for the protection,
welfare and socio-economic development of the Scheduled Castes 1*** ; and

1
2

Subs by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2 for marginal heading (w.e.f. 19-2-2004).
Cl. (1) and (2) successively subs. by the Constitution (Sixty-fifth Amendment) Act, 1990, s.2 and Constitution (Eighty-ninth
Amendment) Act, 2003 s.2.
The words and Scheduled Tribes omitted by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2. (w.e.f. 19-2-2004).

243

(S) +xSi Vi 1*** BE Fh, BEh, BE il =xxx BE v A +x BEi

BE xcx BE V ]{i, n u x< M< BE v BE ={v BE +vx ci cA, x u
xn] BE *
(6) ]{i A |inx BE n BE |iBE nx BE F JAM + =BE l P
vi {E { BE M< BEA Vx BE A |l{i BE< il n BE< A {E +BEi BE
M< c i +BEi BE BEh BE {] BEx Y{x cM *
(7) Vc BE< A |inx, =BE BE< M BE A vi c VBE BE V
BE v c i A |inx BE ABE |i = V BE V{ BE V VAM V = V BE vxb BE F JAM + =BE l V vi {E { BE M< BEA Vx BE A |l{i
BE< il n BE< A {E +BEi BE M< c i +BEi BE BEh BE {] BEx Y{x
cM *
(8) +M BE Jb (5) BE ={Jb (BE) xn] BE BE +xh BEi ={Jb (J)
xn] BE {n BE VS BEi , ]i xxJi BE v , BDi
cM V n BE Sh BEi x BE c, +li,:-(BE) i BE BE M BE BBDi BE x BEx + cV BEx il {l { =BE
{F BEx ;
(J) BE niV BE |BE] + { BEx BE +{F BEx ;
(M) {l{j { F Och BEx ;
(P) BE x BE BE BE +J =BE |i BE +{F BEx ;
(R) F + niV BE {F BE A BEx xBEx ;
(S) BE< +x V ]{i, x u, +vi BE *
(9) P + |iBE V BE +xSi Vi 1*** BE |i BEx ci{h xiMi
{ +M { BEM *]
[(10)] < +xSUn , +xSi Vi 1*** BE |i xn BE c +l M VAM BE <BE
+iMi A +x {U M BE |i xn, VxBE ]{i +xSUn 340 BE Jb (1) BE +vx xBDi +M
BE |inx BE |{i { +n u xn] BE, + +M-i n BE |i xn c *
2

[338BE. ] +xSi VxVi +M--(1) +xSi VxVi BE A ABE +M cM V

] +xSi VxVi +M BE x Yi cM *
3

(2) n u < xk x< M< BE v BE ={v BE +vx ci cA, +M ABE +vF, ={vF
+ ix +x n BE xM + < |BE xBDi BEA MA +vF, ={vF + +x n BE
BE i + {nv A cM V ]{i, x u +vi BE *
(3) ]{i, +{x ciF + p ci +v{j u +M BE +vF, ={vF + +x n BE
xBDi BEM *
(4) +M BE +{x |E xi BEx BE BDi cM *

vx (x vx) +vx, 2003 BE v 2 u (19-2-2004 ) + +xSi VxVi n BE { BE

M *
vx ({~ vx) +vx,1990 BE v 2 u (12-3-1992 ) Jb (3) BE Jb (10) BE { {x&JBEi BE
M *
vx (x vx) +vx, 2003 BE v 3 u (19-2-2004 ) +i&l{i *

244

(f) to discharge such other functions in relation to the protection, welfare and development and
advancement of the Scheduled Castes 1*** as the President may, subject to the provisions of any law
made by Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each House of Parliament along with a
memorandum explaining the action taken or proposed to be taken on the recommendations relating to the
Union and the reasons for the non-acceptance, if any, of any of such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with which any State Government is
concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid
before the Legislature of the State along with a memorandum explaining the action taken or proposed to be
taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of
such recommendations.
(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into
any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and
in particular in respect of the following matters,
namely :
(a) summoning and enforcing the attendance of any person from any part of India and
examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult the Commission on all major policy mattes
affecting Scheduled Castes 1***.]
2

[(10)] In this article, references to the Scheduled Castes 1*** shall be construed as including references to
such other backward classes as the President may, on receipt of the report of a Commission appointed under
clause (1) of article 340, by order specify and also to the Anglo-Indian community.
3

[338A. National Commission for Scheduled Tribes.(1) There shall be a Commission for the
Scheduled Tribes to be known as the National Commission for the Scheduled Tribes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist
of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of
office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President
by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the
President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure.

The words and Scheduled Tribes omitted by the Constitution (Eighty-ninth Amendment) Act, 2003, s.2 (w.e.f. 19-2-2004).
Clause (3) renumbered as clause (10) by the Constitution (Sixty-fifth Amendment) Act, 1990, s. 2 (w.e.f. 12-3-1992).
3
Ins. by the Constitution (Eighty-ninth Amendment) Act, 2003, s.3 (w.e.f. 19-2-2004).
2

245

(5) +M BE c BEiB cM BE c,-(BE) +xSi VxVi BE A < vx ii |k BE +x v BE BE

BE +n BE +vx ={vi F{ vi BE +xh BE + =x { xMx J
il A F{ BE BEBEh BE BEx BE ;
(J) +xSi VxVi BE =xBE +vBE + F{ Si BEx BE xv xn]
BEi BE VS BE ;
(M) +xSi VxVi BE VBE-+lBE BE BE Vx |E M + =x {
c n il P + BE V BE +vx =xBE BE BE |Mi BE BEx BE ;
(P) =x F{ BE BEBEh BE |i + A +x {, V +M ~BE Z,
]{i BE {] |ii BE ;
(R) A {] =x ={ BE , V =x F{ BE |{h BExx BE A P
BE V u BEA Vx ScA, il +xSi VxVi BE Fh, BEh + VBE-+lBE
BE BE A +x ={ BE {E BE ; +
(S) +xSi VxVi BE Fh, BEh + BE il =xxx BE v A +x BEi
BE xcx BE V ]{i, n u x< M< BE v BE ={v BE +vx ci cA, x u
xn] BE *
(6) ]{i A {] BE n BE |iBE nx BE F JAM + =xBE l P vi
{E { BE M< BEA Vx BE A |l{i BE< il n BE< A {E +BEi BE M< c
i +BEi BE BEh BE {] BEx Y{x cM *
(7) Vc BE< A {] =BE BE< M, BE A vi c VBE BE V BE
v c i A {] BE ABE |i = V BE V{ BE V VAM V = V BE vx-b BE
F JAM + =BE l V vi {E { BE M< BEA Vx BE A |l{i BE<
il n BE< A {E +BEi BE M< c i +BEi BE BEh BE {] BEx Y{x cM *
(8) +M BE, Jb (5) BE ={Jb (BE) xn] BE BE +xh BEi ={Jb (J)
xn] BE {n BE VS BEi , ]i xxJi BE v , BDi
cM, V n BE Sh BEi x BE c, +li :-(BE) i BE BE M BE BBDi BE x BEx + cV BEx il {l { =BE
{F BEx ;
(J) BE niV BE |BE] + { BEx BE +{F BEx ;
(M) {l{j { F Och BEx ;
(P) BE x BE BE BE +J =BE |i BE +v{F

BEx ;

(R) F + niV BE {F BE A BEx xBEx ;

(S) BE< +x , V ]{i, x u +vi BE *
(9) P + |iBE V BE, +xSi VxVi BE |i BEx ci{h xiMi
{ +M { BEM *]

246

(5) It shall be the duty of the Commission

(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled
Tribes under this Constitution or under any other law for the time being in force or under any order of
the Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of
the Scheduled Tribes;
(c) to participate and advise on the planning process of socio-economic development of the
Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
(d) to present to the President, annually and at such other times as the Commission may deem fit,
reports upon the working of those safeguards;
(e) to make in such reports recommendation as to the measures that should be taken by the Union
or any State for the effective implementation of those safeguards and other measures for the protection,
welfare and socioeconomic development of the Scheduled Tribes; and
(f) to discharge such other functions in relation to the protection, welfare and development and
advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made
by Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each House of Parliament along with
a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the
Union and the reasons for the non-acceptance, if any, of any such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with which any State
Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall
cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken
or proposed to be taken on the recommendations relating to the State and the reasons for the nonacceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into
any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit
and in particular in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person from any part of India and examining
him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult the Commission on all major policy matters
affecting Scheduled Tribes.

247

339. +xSi Fj BE |x + +xSi VxVi BE BEh BE P BE xjh--(1)

]{i 1*** V BE +xSi Fj BE |x + +xSi VxVi BE BEh BE |inx nx BE
A +M BE xBDi, +n u, BE BE BEM + < vx BE | n BE {i
{ BEM *
+n +M BE Sx, BDi + |E {xSi BE V BEM + = A +xMBE
cBE ={v ] c BEM Vxc ]{i +BE Ux Z *
(2) P BE BE{BE BDi BE i 2[BE V] BE A xn nx iBE cM V = V BE
+xSi VxVi BE BEh BE A xn +BE i< M< BE BE xx + x{nx BE c *
340. {U M BE n+ BE +xh BE A +M BE xBDi--(1) ]{i i BE VFj BE i
VBE + FBE o] {U M BE n+ BE + Vx BE~x< BE Z c c =xBE +xh BE A
+ =x BE~x< BE n BEx + =xBE n BE vx BE A P BE V u V ={ BEA Vx
ScA =xBE + = |Vx BE A P BE V u V +xnx BEA Vx ScA + Vx i BE
+vx +xnx BEA Vx ScA =xBE {E BEx BE A, +n u, ABE +M xBDi BE BEM
V A BBDi BE xM V c ~BE Z + A +M BE xBDi BEx +n +M u
+xh BE Vx |E {xSi BE VAM *
(2) < |BE xBDi +M +{x BE xni BE +xh BEM + ]{i BE |inx nM,
V =BE u {A MA il ={hi BEA VAM + V A {E BE VAM Vxc +M =Si
Z *
(3) ]{i, < |BE nA MA |inx BE ABE |i, = { BE M< BE< BE {] BEx Y{x
ci, n BE |iBE nx BE F JAM *
341. +xSi Vi--(1) ]{i, 3[BE V 4[ P VFj] BE v + Vc 5*** V c
c =BE V{ 6*** { BEx BE {Si] BE +vSx7 u, =x Vi, VxVi,
+l Vi, VxVi BE M =x BE l BE xn] BE BEM, Vxc < vx BE
|Vx BE A 2[lli] = V 2[ P VFj] BE v +xSi Vi Z VAM *
(2) n, v u, BE Vi, VxVi BE +l Vi, VxVi BE M =
BE l BE Jb (1) BE +vx xBE M< +vSx xn] +xSi Vi BE S i BE BEM
= +{Vi BE BEM, BExi V >{ BEc M c =BE =BDi Jb BE +vx xBE M<
+vSx BE {Sii +vSx u {ix xc BE VAM *

2
3

4
5

6
7

vx (i vx) +vx, 1956 BE v 29 + +xS u {c +xS BE M BE M J xn] n

+ +F BE { BE M *
vx (i vx) +vx, 1956 BE v 29 + +xS u BE A V BE lx { |il{i *
vx ({c vx) +vx, 1951 BE v 10 u V BE V{ V|J { BEx BE {Si BE lx
{ |il{i *
vx (i vx) +vx, 1956 BE v 29 + +xS u +i&l{i *
vx (i vx) +vx, 1956 BE v 29 + +xS u {c +xS BE M BE M J xn] n
+ +F BE { BE M *
vx (i vx) +vx, 1956 BE v 29 + +xS u V|J BE { BE M *
vx (+xSi Vi) +n, 1950 (.+. 19), vx (+xSi Vi) (P VFj) +n, 1951 (.+. 32),
vx (V-BE) +xSi Vi +n, 1956 (.+. 52), vx (nn + xM c) +xSi Vi +n,
1962 (.+. 64). vx ({bS) +xSi Vi +n, 1964 (.+. 68), vx (M, nh + n) +xSi
Vi +n, 1968 (.+. 81) + vx (BDBE) +xSi Vi +n, 1978 (.+. 110) nJA *

248

339. Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled
Tribes.(1) The President may at any time and shall, at the expiration of ten years from the commencement
of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas
and the welfare of the Scheduled Tribes in the States 1***.
The order may define the composition, powers and procedure of the Commission and may contain such
incidental or ancillary provisions as the President may consider necessary or desirable.
(2) The executive power of the Union shall extend to the giving of directions to 2[a State] as to the
drawing up and execution of schemes specified in the direction to be essential for the welfare of the
Scheduled Tribes in the State.
340. Appointment of a Commission to investigate the conditions of backward classes.(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.
341. Scheduled Castes.(1) The President 3[may with respect to any State 4[or Union territory], and
where it is a State 5***, after consultation with the Governor 6*** thereof], by public notification7, specify
the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of
this Constitution be deemed to be Scheduled Castes in relation to that State 2[or Union territory, as the case
may be].
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a
notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe,
but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent
notification.

2
3
4
5
6
7

The words and letters specified in Part A or Part B of the First Schedule omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch.
Subs by the Constitution (Seventh Amendment) Act, 1956, s. 29. and Sch. for any such State.
Subs. by the Constitution (First Amendment) Act, 1951, s. 10, for may, after consultation with the Governor or Rajpramukh of a
State.
Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29. and Sch.
The words and letters specified in Part A or Part B of the First Schedule omitted by s. 29 and Sch., ibid.
The words or Rajpramukh omitted by s.29 and Sch., ibid.
See the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), the Constitution (Scheduled Castes) (Union Territories) Order, 1951
(C.O. 32), the Constitution (Jammu and Kashmir ) Scheduled Castes Order, 1956 (C.O. 52), the Constitution (Dadra and Nagar
Haveli) Scheduled Castes Order, 1962 (C.O. 64), the Constitution (Pondicherry) Scheduled Castes Order, 1964 (C.O. 68), the
Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968 (C.O. 81) and the Constitution (Sikkim) Scheduled Castes Order,
1978 (C.O. 110).

249

342. +xSi VxVi--(1) ]{i, 1[BE V] 2[ P VFj] BE v + Vc c

3
4
5
*** V c c =BE V{ *** { BEx BE {Si] BE +vSx u, =x VxVi
VxVi n +l VxVi VxVi n BE M =x BE l BE xn] BE BEM,
Vxc < vx BE |Vx BE A, 2[lli] = V 2[ P VFj] BE v +xSi
VxVi Z VAM *
(2) n, v u, BE VxVi VxVi n BE +l BE VxVi VxVi n
BE M = BE l BE Jb (1) BE +vx xBE M< +vSx xn] +xSi VxVi BE
S i BE BEM = +{Vi BE BEM, BExi V >{ BEc M c =BE =BDi
Jb BE +vx xBE M< +vSx BE {Sii +vSx u {ix xc BE VAM *

2
3

4
5

vx ({c vx) +vx, 1951 BE v 11 u V BE V{ V|J { BEx BE {Si BE lx

{ |il{i *
vx (i vx) +vx, 1956 BE v 29 + +xS u +i&l{i *
vx (i vx) +vx, 1956 BE v 29 + +xS u {c +xS BE M BE M J xn] n
+ +F BE { BE M *
vx (i vx) +vx, 1956 BE v 29 + +xS u V|J n BE { BE M *
vx (+xSi VxVi) +n, 1950 (.+. 22), vx (+xSi VxVi) (P VFj) +n, 1951 (.+.
33), vx (+bx + xBE u{) +xSi VxVi +n, 1959 (.+. 58). vx (nn + xM c)
+xSi VxVi +n, 1962 (.+. 65), vx (+xSi VxVi) (=k |n) +n, 1967 (.+. 78). vx
(M, nh + n) +xSi VxVi +n, 1968 (.+. 82), vx (xMb) +xSi VxVi +n, 1970
(.+. 88) + vx (BDBE) +xSi VxVi +n, 1978 (.+. 111) nJA *

250

342. Scheduled Tribes.(1) The President 1[may with respect to any State 2[or Union territory], and
where it is a State 3***, after consultation with the Governor 4*** thereof,] by public 5notification, specify
the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the
purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State 2[or Union territory,
as the case may be].
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a
notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal
community, but save as aforesaid a notification issued under the said clause shall not be varied by any
subsequent notification.

2
3
4
5

Subs. by the Constitution (First Amendment) Act, 1951, s. 11, for may, after consultation with the Governor or Rajpramukh of a
State.
Ins. by the Constitution (Seventh Amendment) Act, 1956, s.29 and Sch.
The words and letters Specified in Part A or Part B of the First Schedule omitted by s.29 and Sch., ibid.
The words or Rajpramukh omitted by s.29 and Sch., ibid.
See the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22), the Constitution (Scheduled Tribes) (Union Territories) Order, 1951
(C.O. 33), the Constitution (Andaman and Nicobar) Scheduled Tribes Order, 1959 (C.O. 58), the Constitution (Dadra and Nagar
Haveli) Scheduled Tribes Order, 1962 (C.O. 65), the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967 (C.O. 78), the
Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968 (C.O. 82), the Constitution (Nagaland) Scheduled Tribes Order,
1970 (C.O. 88) and the Constitution (Sikkim) Scheduled Tribes Order, 1978 (C.O. 111).