Article 335 is a crucial provision within Part XVI of the Indian Constitution, which deals with special provisions relating to certain classes. It specifically addresses the representation of Scheduled Castes (SCs) and Scheduled Tribes (STs) in government services and posts under the Union and the States. The article seeks to balance the constitutional goal of providing adequate representation to historically disadvantaged communities with the imperative of maintaining an efficient administration.
This article has been central to the discourse and implementation of affirmative action policies, particularly reservation in government jobs. It underscores the constitutional recognition of the need to uplift and integrate SCs and STs into the administrative fabric of the nation, while also acknowledging practical considerations for governance.
Original Text
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:
[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 lower- ing the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.] —Inserted by the Constitution (Eighty-second Amendment) Act, 2000, s. 2 (w.e.f. 8-9-2000).
Detailed Explanation
Article 335 lays down a directive principle regarding the consideration of the claims of Scheduled Castes and Scheduled Tribes in appointments to public services.
The main clause of the article mandates that the claims of SC and ST members must be taken into consideration when appointments are made to services and posts under the Union or a State government. This is not an absolute right to appointment but a constitutional requirement for the state to acknowledge and consider their representation needs.
Crucially, this consideration is qualified by the phrase “consistently with the maintenance of efficiency of administration.” This phrase introduces a balancing act: the state must strive for SC/ST representation, but not at the cost of administrative efficiency. This clause has been a subject of considerable debate and judicial interpretation, particularly in relation to reservation policies. The courts have often grappled with defining ’efficiency’ in this context and how it intersects with affirmative action.
The proviso was added by the Constitution (Eighty-second Amendment) Act, 2000. This addition was significant as it specifically allowed for relaxation in qualifying marks or lowering of standards of evaluation for reservation in matters of promotion for SCs and STs. Prior to this amendment, there was ambiguity, and some judicial pronouncements suggested that relaxing standards for SC/ST candidates, even in promotion, might be inconsistent with the requirement of maintaining efficiency under the main part of Article 335. The 82nd Amendment clarified that such relaxation for promotion is constitutionally permissible and does not violate the “efficiency of administration” clause in the context of reserved seats in promotions. This proviso essentially carves out an exception or provides a specific allowance regarding efficiency standards when it comes to reservation for promotion for these categories.
Article 335 should be read in conjunction with other articles like Article 16(4), 16(4A), 16(4B), and Article 338, which deal with reservation policies, rights to equality of opportunity in public employment, and the National Commission for Scheduled Castes and Scheduled Tribes (now separate Commissions). While Article 16(4) provides the power to make reservations, Article 335 guides how the claims of SC/ST should be handled in the broader context of appointments, linking it to the efficiency of administration and specifically permitting relaxation for promotion reservation via the proviso.
Detailed Notes
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Main Clause:
- Mandates consideration of the claims of members of Scheduled Castes and Scheduled Tribes.
- Applicable in the making of appointments to services and posts.
- Covers services and posts in connection with the affairs of the Union or of a State.
- Consideration must be “consistently with the maintenance of efficiency of administration.”
- Establishes a constitutional requirement for the state to consider SC/ST representation.
- Does not grant an absolute right to appointment, but a right to have claims considered.
- The phrase “efficiency of administration” provides a necessary check or balance on the consideration of claims.
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Proviso (Added by 82nd Amendment, 2000):
- Allows the State to make provisions in favour of SC/ST members.
- Specifically permits “relaxation in qualifying marks in any examination” or “lowering the standards of evaluation.”
- This relaxation/lowering is permitted for reservation in matters of promotion.
- Applies to any class or classes of services or posts under the Union or a State.
- Clarifies that such relaxation for promotion does not violate the efficiency requirement of the main clause.
- Overcame certain judicial interpretations that viewed relaxation of standards as contrary to administrative efficiency.
- Empowered the state to implement reservation in promotion effectively by permitting necessary relaxations.
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Overall Scope & Context:
- Part XVI of the Constitution (Special Provisions relating to certain classes).
- Guides the implementation of affirmative action policies (like reservation) for SCs and STs in government jobs.
- Needs to be read along with Article 16(4), 16(4A), 16(4B) which provide the framework for reservation.
- Reflects the constitutional commitment to ensure representation of historically marginalized communities.
- The balance between representation and efficiency is a key theme of the article.
- The 82nd Amendment specifically addressed the mechanism for achieving representation in promotions for SC/ST through relaxation of standards.
Additional Comments
- Article 335 provides the constitutional basis for considering SC/ST claims in recruitment and promotion, while Article 16(4), 16(4A), 16(4B) provide the specific power to make provisions for reservation.
- The “efficiency of administration” clause implies that while representation is a goal, merit cannot be completely disregarded, though the proviso allows specific relaxations for promotion reservation.
- Judicial interpretation has played a significant role in defining the contours of both the main clause and the proviso, particularly regarding the balancing act between claims/reservation and efficiency. Landmark cases often involve examining whether policies violate the efficiency mandate or fall within the scope of permissible relaxation.
- The article applies to both initial appointments and, through the proviso, promotions, enabling a continuous representation across different levels of service.
- This article, along with others on reservation, forms a critical component of India’s social justice framework aimed at correcting historical inequalities.
Summary
Article 335 of the Indian Constitution requires that the claims of Scheduled Castes and Scheduled Tribes be considered when making appointments to services and posts under the Union and States, provided this is consistent with maintaining administrative efficiency. A proviso, added by the 82nd Amendment, specifically permits making provisions for relaxation in qualifying marks or lowering evaluation standards for reservation in matters of promotion for SCs and STs, clarifying that such measures are constitutional despite the general efficiency requirement. The article balances the need for representation of historically disadvantaged groups in public services with the need for efficient administration.