Article 334 of the Costitution of India with Case law
π Article 334 of the Constitution of India β Reservation of Seats and Special Representation to Cease After a Certain Period
πΉ Text of Article 334 (As Amended):
Notwithstanding anything in the foregoing provisions of this Part, the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States under Articles 330 and 332 shall cease to have effect on the expiration of a period of seventy years from the commencement of this Constitution.
Provided that nothing in this article shall affect the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States under Article 331 and Article 333 before the 104th Constitutional Amendment (2020), which abolished such representation.
π§Ύ Background and Explanation:
Article 334 was originally framed to limit the duration of political reservation for:
Scheduled Castes (SCs)
Scheduled Tribes (STs)
Anglo-Indian community (by nomination under Articles 331 and 333 β now repealed)
It initially set a 10-year limit from the commencement of the Constitution (i.e., till 1960).
However, this period has been extended periodically through Constitutional Amendments:
π Extensions through Constitutional Amendments:
Amendment | Year | Reservation Extended Upto |
---|---|---|
8th Amendment | 1959 | 1970 |
23rd Amendment | 1969 | 1980 |
45th Amendment | 1980 | 1990 |
62nd Amendment | 1989 | 2000 |
79th Amendment | 1999 | 2010 |
95th Amendment | 2009 | 2020 |
104th Amendment | 2019 | 2030 (Only for SC/ST; Anglo-Indian nomination abolished) β |
βοΈ Important Case Laws Related to Article 334:
πΉ 1. K. Krishna Murthy v. Union of India, (2010) 7 SCC 202
Although primarily on reservations in Panchayati Raj institutions, the Supreme Court held:
Reservations are temporary measures, not to become permanent privileges.
Reiterated the intent of Article 334 β reservations must be reviewed and extended only if necessary.
πΉ 2. Indra Sawhney v. Union of India, AIR 1993 SC 477
While not directly on Article 334, the judgment reaffirmed:
Reservation must be for a limited duration, subject to periodic review.
Emphasized the constitutional commitment to equality, with temporary exceptions like Articles 330β334.
πΉ 3. T. R. Andhyarujina's commentary (Legal Scholar Viewpoint)
Stated that repeated extensions under Article 334 reflect the unrealized social justice goals.
However, it also raises questions about balancing reservation with merit and equality.
π Key Takeaways:
Feature | Description |
---|---|
Applies to | Political reservations in Lok Sabha & State Assemblies |
Beneficiaries | SCs and STs (currently), earlier also Anglo-Indians |
Original limit | 10 years from 1950 (i.e., till 1960) |
Current status | Extended till 2030 by 104th Amendment |
Anglo-Indian seats | Abolished in 2020 |
π Summary Table:
Group | Article | Reservation Type | Status (as of 2024) |
---|---|---|---|
SCs & STs | 330 / 332 | Lok Sabha & State Assembly | β Till 2030 |
Anglo-Indians | 331 / 333 | Nominated Seats | β Abolished by 104th Amendment |
π Related Articles:
Article 330 β Reservation in Lok Sabha for SC/ST
Article 332 β Reservation in State Assemblies for SC/ST
Article 331 & 333 β Anglo-Indian nomination (now repealed)
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