Article 330 of the Indian Constitution: Reservation of Seats for Scheduled Castes and Scheduled Tribes in the House of the People | Kanoon.site
Kanoon.site ≐ Blog
« Article 328 Article 331 »

Article 330 of the Indian Constitution: Reservation of Seats for Scheduled Castes and Scheduled Tribes in the House of the People

Part: XVI
Shorthand Notes: Lok Sabha Reservation SC/ST

Article 330 of the Indian Constitution is a pivotal provision aimed at ensuring the adequate representation of Scheduled Castes (SCs) and Scheduled Tribes (STs) in the House of the People, i.e., the Lok Sabha. Recognising the historical disadvantages and marginalisation faced by these communities, the framers of the Constitution included this article to provide them a voice in the central legislature, proportionate to their share in the national population.

This article establishes the principle of reserving seats for SCs and STs, thereby enabling their participation in the democratic process at the highest level of parliamentary decision-making. It is a significant measure towards achieving social justice and equality by correcting the historical imbalance in representation.

Original Text

(1) 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.

(2) The number of seats reserved in any State or Union territory for the Scheduled Castes or the Scheduled Tribes in the House of the People 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, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union territory.

(3) Notwithstanding anything contained in clause (2), the number of seats reserved in the House of the People for the Scheduled Tribes—

(a) 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;

(b) in any State or Union territory other than the autonomous districts of Assam, if the population of the Scheduled Tribes in the State or Union territory or part of the State or Union territory, as the case may be, exceeds fifty per cent. of the total population of the State or Union territory or part, the number of seats reserved for the Scheduled Tribes in the House of the People from that State or Union territory shall be determined on the basis of the proportion borne by the population of the Scheduled Tribes to the total population of the State or Union territory or part, as the case may be.]

[Clause (3) was substituted by the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for clause (3) (w.e.f. 16-6-1986). Sub-clause (b) of clause (1) was substituted by the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for sub-clause (b) (w.e.f. 16-6-1986). Clause (1)(c) inserted by ibid., s. 2 (w.e.f. 16-6-1986). The population figures for the purposes of clause (2) and clause (3) are to be ascertained on the basis of the 2001 census by virtue of section 6 of the Delimitation Act, 2002 (33 of 2002) and the Constitution (Eighty-seventh Amendment) Act, 2003.]

Detailed Explanation

Article 330 mandates the reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People (Lok Sabha). This provision ensures that these communities have a guaranteed presence and voice in the central legislature.

Clause (1) specifies for whom seats are reserved: Scheduled Castes, Scheduled Tribes (with a specific carve-out), and Scheduled Tribes in the autonomous districts of Assam as a distinct category. The distinction for STs in autonomous districts of Assam and other STs was introduced by the 51st Amendment Act, 1984, addressing specific demographic realities.

Clause (2) lays down the general principle for determining the number of reserved seats. For both SCs and STs, the number of seats reserved in a State or Union Territory must be in proportion to their population in that State or Union Territory, relative to the total population and total number of seats allotted to that State or Union Territory in the Lok Sabha. This proportionality principle ensures that the reservation reflects the demographic presence of these communities.

Clause (3) introduces specific rules for calculating reserved seats for Scheduled Tribes, overriding the general rule in Clause (2) in certain cases. Sub-clause (a) deals specifically with STs in the autonomous districts of Assam, mandating that the proportion of reserved seats for them in Assam must be not less than the proportion of their population in those autonomous districts relative to the state’s total population. Sub-clause (b) addresses States or Union Territories (outside Assam’s autonomous districts) where the ST population in the State/UT or a part of it exceeds fifty per cent. In such cases, the number of reserved seats is determined based on the population proportion of STs to the total population of that State/UT or part, ensuring substantial representation where they form a majority. The basis for population figures for these calculations has been updated through amendments, most recently using the 2001 census figures until the first census after 2026.

Detailed Notes

  • Mandate: Requires the reservation of seats in the Lok Sabha for Scheduled Castes (SCs) and Scheduled Tribes (STs).
  • Purpose: To ensure political representation of historically disadvantaged communities in the Union Parliament.
  • Categories of Reservation (Clause 1):
    • Seats are reserved for Scheduled Castes (SCs).
    • Seats are reserved for Scheduled Tribes (STs), with specific distinctions.
    • A separate category exists for Scheduled Tribes in the autonomous districts of Assam.
  • Basis of Reservation: Reservation is based on the proportion of the population of SCs or STs in a State or Union Territory.
  • Calculation Principle (Clause 2 - General):
    • The number of seats reserved for SCs or STs in a State/UT shall be proportional to the total number of Lok Sabha seats for that State/UT.
    • The proportionality is determined by the ratio of the SC/ST population to the total population of the State/UT.
    • Formula: (Reserved Seats / Total Seats) ≈ (SC/ST Population / Total Population)
  • Specific Provisions for STs (Clause 3 - Exceptions/Special Cases):
    • STs in Autonomous Districts of Assam: The number of seats reserved for them must bear a proportion to the total seats for Assam that is not less than the proportion of their population in those districts to the total population of the state. This provides a minimum guarantee of representation.
    • STs in areas with >50% population: In any State/UT (excluding Assam’s autonomous districts) or a part thereof where the ST population exceeds fifty per cent of the total population, the reserved seats are determined based on the proportion of ST population to the total population of that State/UT or part. This aims at ensuring adequate representation where STs are a majority.
  • Population Data Basis: The population figures used for calculation were updated by amendments. The Constitution (87th Amendment) Act, 2003, specified the use of the 2001 census figures for calculating reserved seats until the relevant population figures from the first census taken after the year 2026 are published.
  • Delimitation: The actual constituencies reserved are identified by the Delimitation Commission based on the population data and the number of reserved seats determined under this article. Reserved constituencies are geographically spread out and are often rotated in subsequent delimitations.
  • Time-Bound Nature: While Article 330 is a permanent part of the Constitution providing the basis for reservation, the actual implementation of reservation based on this article has historically been time-bound and extended periodically by constitutional amendments (originally for 10 years, extended subsequently by Acts like the 79th, 95th, and 104th Amendments). The 104th Amendment Act, 2019 extended reservation for SCs and STs in Lok Sabha and State Assemblies for another ten years, up to January 25, 2030.

Additional Comments

  • Article 330 is a cornerstone of affirmative action in India’s political system, aiming to integrate marginalised groups into the mainstream legislative process.
  • The article deals specifically with reservation in the Lok Sabha (House of the People), while Article 332 provides for similar reservation in the Legislative Assemblies of the States.
  • The principle of proportionality ensures that the reservation is dynamic and reflects the demographic changes over time, using updated census data.
  • The special provisions for certain areas with high ST population, like the autonomous districts of Assam or other areas with over 50% ST population, acknowledge the need for potentially higher levels of representation where these communities are numerically dominant.
  • The time-bound nature of the reservation reflects the hope that these communities would eventually achieve sufficient socio-economic and political empowerment to not require special reservation, though the extensions indicate this goal is yet to be fully realised.

Summary

Article 330 of the Indian Constitution mandates the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha. This reservation is based on the proportion of the SC or ST population to the total population in each State and Union Territory. Specific rules govern the calculation of reserved seats for Scheduled Tribes in the autonomous districts of Assam and in areas where their population exceeds fifty per cent. The number of seats reserved is determined proportionally to ensure their representation reflects their demographic presence in the country’s central legislature. The population figures from the 2001 census are currently used for this purpose, as per the 87th Amendment, 2003, until the first census after 2026. While the article itself is permanent, the reservation provided under laws made in pursuance of it has been periodically extended, most recently until 2030 by the 104th Amendment.
« Article 328 Article 331 »