Article 335 Of The Indian Constitution

Article 335 of the Indian Constitution deals with the claims for reservation of appointments or posts in favour of SC & ST community in all Central & State Government classes of services.

This special provision in favour of the SCs and STs also allows the Govt. to take into account the claims of these groups in making appointments and matters of promotion to services and posts in the government.

Let us dive deep to have a thorough understanding of Article 335 of the Indian Constitution & its challenges.

Article 335 Of The Indian Constitution- In Detail

Article 335 of the Indian Constitution mentions the rights of Scheduled Castes and Scheduled Tribes or any backward class for the appointment to posts of the Central government as well as State Government.

It states that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, while consistently maintaining the efficiency in administration, in the making of appointments to services and posts in connection to the Union of India or a State.

Provided that nothing in this article shall prevent in provisioning a favour to the concerned members of a relaxation in the qualifying marks in any examination, lowering standards of evaluation, or promotion to any class of services/posts in the Central Government or the State Government.

This reservation in matters is aimed at the inadequate representation of backward classes in the government services and posts, to provide them equal opportunities and to make sure their issues are addressed.

The Constitution (One Hundred Seventeenth Amendment) Bill, 2012 stated that the provision of the amendment shall override the special provision of Article 335.

Article 335 Of The Indian Constitution- Challenges

There are several challenges to the special provisions under Article 335 of the Indian Constitution apart from the maintenance of efficiency of administration, such as:

1. The implementation of reservations for Scheduled Castes and Scheduled Tribes in government services and posts has been inconsistent and is still an inadequate representation.
2. Allegations of misuse of reservation quotas by individuals who do not belong to the Scheduled Castes or Scheduled Tribes.
3. Reservations in government services and posts have not been able to effectively address the socio-economic disparities faced by Scheduled Castes and Scheduled Tribes.
4. Criticism on the idea of reservation itself, where some argue that it perpetuates the caste system and creates a culture of dependency among the marginalised group.
5. The argument of reservations to be based on economic status instead of caste, as it would be more inclusive and effective in addressing socio-economic disparities.
6. Legal challenges to the implementation of reservation quotas, such as in the case of the Supreme Court of India’s decision to cap the total reservation at 50% in the case of Indira Sawhney v. Union of India (1992).

Summary

Article 335 of the Indian Constitution ensures that the claims of Scheduled Castes, Scheduled Tribes to services and posts in the Indian Government are taken into consideration while formulating policies and making appointments.

It directs the government to take special measures to ensure the advancement of these communities, while not compromising on the efficiency of the administration.

It is intended to address the long-standing socio-economic and educational disadvantages faced by these communities and to ensure their representation in the government services and posts.

You Might Also Like To Read: Article 336 Of The Indian Constitution.

FAQs Around Article 335 Of The Indian Constitution