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LAXMIKANT: CHAPTER 66.2 SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES BY NANDINI MAHARAD
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TOPICS COMPONENTS OF SPECIAL PROVISIONS
COMPONENTS OF SPECIAL PROVISIONS o 1. Reservation for SCs and STs and Special Representation for Anglo Indians in Legislatures: Seats are to be reserved for the SCs and STs in the Lok Sabha and the state legislative assemblies on the basis of population ratios. o The President can nominate two members of the Anglo-Indian community to the Lok Sabha, if the community is not adequately represented. o Similarly, the governor of a state can nominate one member of the Angto-Indian community to the state legislative assembly, if the community is not adequately represente
o Originally, these tuso provisions of reservation and special representation were to operate for ten years (ie., up to 1960) only But this duration has been extended continuously since then by ten years each time. Now, under the 9sthAmendment Act of 2009, these two rovisions of reservation and special representation are bo ast until 202o,
o The reasons for the extension of the above tuwo provisions of sth Amendment Act of reservation and special representation by the 9 2009 are as folloos: ) Article 334 of the Constitution Lays down that the provisions of the Constitution relating to the reserVation of seats fot the Scheduled Castes and the Scheduled Tribes and the representation of the Anglo Indian community by nomination in the House of the People and the Legislative Assemblies of the States shall cease to have effect on the expiration of the period of sixty years from the comm ncement of the Constitution o in other words, these provisions will cease to have effect on the 25th Sanuary, 2o1o, it not ektended further
o (i) Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last sixty years, the reasons which weighed with th regard to the aforesaid reservation of seats and nomination of e Constituent Assembly in making provisions with members have not ceased to exist. o It is, therefore, proposed to continue the reservation for the Scheduled Castes and the Scheduled Tribes and the representation ot the Anglo-Indian community by nomination for a further eriod ot ten vears.
o The reason for this special representation to the Anglo-Indians is as follows: o "Anglo-Indians constitute a religious, social, as well as a Linguistic minoriby. These provisions were necessary, for, otherwise, being numerically an extr mely small community, and being interspersed all over India, the Anglo-Indians could not hope to get any seat in any Legislature through election"- M.P. Jain, Indian Constitutional Lau, Wadhwa, Fourth Edition, p. 756
o 2. Claims of SCs and STs to Services and Posts: o The claims of the sCs and STs are to be taken into consideration while making appointments to the public services of the Centre and the states, without sacrificing the efficiency of administration. o However, the 82ndAmendment Act of 2000 provides for making of any provision in favour of the SCs and STs for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to the public services of the Centre and the states.
o 3. Special Provision in Services and Educational Grants for Anglo Indians: o Before independence, certain posts were reserved for the Anglo Indians in the railway, customs, postal and telegraph services of the Union. e similarty, the Anglo-Indian educaktonal inatitutione were given certain special grants by the Centre and the states. o Both the benefits were allowed to continue under the Constitution on a progressive diminution basis and finally came to an end in 1960,