DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

(SESSION 2019 – 2020)

BASICS OF LEGISLATION

PROJECT
ON

RESERVATION FOR SC/ST IN LOK SABHA AND STATE ASSEMBLIES

SUBMITTED TO: SUBMITTED BY:

DR. SHASHANK SHEKHAR Ayush Trivedi
ASSISTANT PROFESSOR Enrollment No. 190101047
(BASICS OF LEGISLATION) B.A. LL.B. (Hons.)
Dr. Ram Manohar Lohiya National Law University 1 Semester Section 'B'
st
 LAW COMMISSION IN INDIA 2019

TABLE OF CONTENTS

 Acknowledgement
 Declaration
 Introduction
 Amendments in article 334
 Cases Related
 Conclusion
 Bibliography

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ACKNOWLEDGMENT
I have taken efforts in this project. However, it would not have
been possible without the kind support and help of many
individuals and organizations. I would like to extend my sincere
thanks to all of them. I am highly indebted to Dr. Shashank
Shekhar for his guidance and constant supervision as well as for
providing necessary information regarding the project, also for
his support in completing the project.
I extend my gratitude towards the seniors of my course, who
constantly helped me find the best sources for research. Finally, I
acknowledge the authorities as well as the care-takers of Dr.
Madhu Limaye Library, who provided me with the means to
make this project in the form of books, computer system, internet
access, access to online paid law reports et cetera.
This project is a result of my efforts combined with all the means
and environment that has been provided to me by Dr. Ram
Manohar Lohiya National Law University, Lucknow and its
authorities and I am thankful to them.

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DECLARATION
I hereby declare that the project report “Law Commission in
India” submitted by me to Dr. Ram Manohar Lohiya National
Law University, Lucknow, Uttar Pradesh in partial fulfillment
requirement for the award of the degree of B.A.L.L.B(Hons.) is a
record of bonafide project work carried out by me under the
guidance of Dr. Shashank Shekhar.
I further declare that the work reported in this project has not
been submitted , and will not be submitted either in part or in full,
for the award of any other degree or diploma in this institute or
any another university.
Ayush Trivedi,
Enrollment Number: 190101047
First Semester, B.A.LL.B (Hons.)
Dr. Ram Manohar Lohiya National Law University, Lucknow.

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INTRODUCTION

Indian constitution has provision for reservation of seats in

Lok Sabha and State Assemblies for Scheduled Castes
and Scheduled Tribes. Out of 543 constituencies in India's
parliament, a total of 131 seats (24.16%) are Reserved or
blocked for Representatives from Scheduled Castes (84)
and Scheduled Tribes (47).
Articles 330 and 332 deals with the reservation of seats in
Lok Sabha and State Assemblies respectively. Article 330
provides for the reservation of seats in the Lok Sabha for
Scheduled Castes and Scheduled Tribes. The number of
seats reserved in any State or Union territory for such
castes and tribes will be made on the population basis.
Similarly, Article 332 provides for the reservation of seats
for Scheduled Castes and scheduled tribes in the
legislative assemblies of every state. 131 seats of Lok
Sabha are reserved. 84 seats in the Lok Sabha are
reserved for SCs and 47 for STs. It means in these seats,
only SC/ST candidates respectively can fight and hence
subsequently win elections and enter the Lok Sabha.
Every party fields an SC/ST candidate in these seats
because if the candidates are not as required (SC or ST),
they will be automatically disqualified. Article 334 deals
with time limit of reservation explained in Article 330 and
332. Originally, the reservations said under article 334
were to operate for ten years from commencement of the

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constitution i.e., up to 1960 only but this duration extended

to 1970 by the 8th amendment. Similarly period of
reservation was extended to 1980, 1990, 2000 and 2010
by 23rd, 45th, 62nd and 79th amendments respectively.
Now, under the 95th amendment act of 2009
these reservations are to last until 2020 and make them
operate up to 2030. Parliament can extend like this to any
number of years by amending the constitution. The Ninety-
fifth Amendment of the Constitution of India, officially
known as The Constitution (Ninety-fifth Amendment) Act,
2009, extended the period of reservation of seats for the
Scheduled Castes and Scheduled Tribes
and representation of the Anglo-Indians in the Lok Sabha
and the State Legislative Assemblies for another ten
years, i.e. up to 26 January 2020.

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AMENDMENTS IN ARTICLE 334

1. Eight Amendment of the Constitution of

India:
The Eighth Amendment of the Constitution of India,
officially known as The Constitution (Eighth
Amendment) Act, 1959, amended article 334 of the
Constitution in order to extend the period of
reservation of seats for the Scheduled Castes and
Scheduled Tribes and representation of the Anglo-
Indians in the Lok Sabha and the State Legislative
Assemblies for ten years, i.e. up to 26 January 1970.
Article 334 had stipulated that the reservation of
seats should expire within a period of ten years from
the commencement of the Constitution (i.e. 26
January 1960). The 8th Amendment extended the
period for reservations to 1970.

2. Twenty-third Amendment of the Constitution

of India :

The Twenty-third Amendment of the Constitution of

India, officially known as The Constitution (Twenty-
third Amendment) Act, 1969, discontinued
reservation of seats for the Scheduled Tribes in

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Nagaland, both in the Lok Sabha and the State

Legislative Assembly and stipulated that not more
than one Anglo-Indian could be nominated by the
Governor to any State Legislative Assembly. Prior to
the amendment, the number of Anglo-Indians who
could be nominated to the State Legislative
Assemblies, was left to the discretion of the Governor
of the State. The amendment also extended the
period of reservation of seats for the Scheduled
Castes and Scheduled Tribes and representation of
the Anglo-Indians in the Lok Sabha and the State
Legislative Assemblies for another ten years, i.e. up
to 26 January 1980.

3. Sixty-second Amendment of
the Constitution of India:
The Sixty-second Amendment of the Constitution of
India, officially known as The Constitution (Sixty-
second Amendment) Act, 1989, extended the period
of reservation of seats for the Scheduled Castes and
Scheduled Tribes and representation of the Anglo-
Indians in the Lok Sabha and the State Legislative
Assemblies for another ten years, i.e. up to 26 January
2000.

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4. Seventy-ninth Amendment of
the Constitution of India:

The Seventy-ninth Amendment of the Constitution of

India, officially known as The Constitution (Seventy-
ninth Amendment) Act, 1999, extended the period of
reservation of seats for the Scheduled Castes and
Scheduled Tribes and representation of the Anglo-
Indians in the Lok Sabha and the State Legislative
Assemblies for another ten years, i.e. up to 26
January 2010.

5. Ninety-fifth Amendment of the Constitution

of India:

The Ninety-fifth Amendment of the Constitution of

India, officially known as The Constitution (Ninety-fifth
Amendment) Act, 2009, extended the period of
reservation of seats for the Scheduled Castes and
Scheduled Tribes and representation of the Anglo-
Indians in the Lok Sabha and the State Legislative
Assemblies for another ten years, i.e. up to 26
January 2020.

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CASES RELATED

1. V.V. Giri V/s D. Suri Dora, AIR 1959 SC 426

Reservation : The reservation of seats shall specified in Article

330 is intended to guarantee a minimum number of seats to the
scheduled castes and tribes, therefore if members of the said
castes and tribes secure additional seats by election to general
unreserved seats there would be no repugnancy at all.

2. M. Chandra V/s M. Thanagmutha, (2010) 9 SCC 712

Scheduled Castes: Means such castes, races or

tribes or parts of or groups within such castes, races
or tribes as are deemed under Article 341 to be
Scheduled Castes for purpose of the Constitution. In
order to claim benifits of reservation under Article
330/332, a person must establish that caste to which
he belongs is notified in 1950 order and he is not
professing a reigion different from the Hindu, Sikh or
Buddhist.

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CONCLUSION

A number of seats in the Lok Sabha and State Assemblies are

reserved for Scheduled Castes (SC) and Scheduled Tribes
(ST). Though seats are reserved for Scheduled Castes and
Scheduled Tribes, they are elected by all the voters in a
constituency, without any separate electorate. Also a member
of Scheduled Castes and Scheduled Tribes is not debarred
from contesting a general i.e. non-reserved seat. This system
was introduced by the Constitution of India in 1950 and was
supposed to be in place for the first 10 years, to ensure
participation in politics by these groups which were deemed
weak and needing special protection. Its tenure has always
extended to next 10 years. The benfits of reservation in Lok
Sabha and State Assemblies are only obtained by rich
Scheduled Castes and Scheduled Tribes and review is
required before its extended for

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BIBLIOGRAPHY

1. Equality Justice and Reverse Discrimination by CL Anand

published by Mittal Publications

2. Indian Constitutional Law by MP Jain published by

LexiNexis

3. Introduction to the Constitution of India by DD Basu

published by LexiNexis

4. Prsindia.org

5. legislative.gov.in

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upcoming 10 years.

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