Article 334 of the Costitution of India with Case law

πŸ“˜ Article 334 of the Constitution of India – Reservation of Seats and Special Representation to Cease After a Certain Period

πŸ”Ή 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.

🧾 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Anglo-Indian community (by nomination under Articles 331 and 333 – now repealed)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:

πŸ“œ Extensions through Constitutional Amendments:

AmendmentYearReservation Extended Upto
8th Amendment19591970
23rd Amendment19691980
45th Amendment19801990
62nd Amendment19892000
79th Amendment19992010
95th Amendment20092020
104th Amendment20192030 (Only for SC/ST; Anglo-Indian nomination abolished) βœ…

βš–οΈ Important Case Laws Related to Article 334:

πŸ”Ή 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.

πŸ”Ή 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 330–334.

πŸ”Ή 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.

πŸ“ Key Takeaways:

FeatureDescription
Applies toPolitical reservations in Lok Sabha & State Assemblies
BeneficiariesSCs and STs (currently), earlier also Anglo-Indians
Original limit10 years from 1950 (i.e., till 1960)
Current statusExtended till 2030 by 104th Amendment
Anglo-Indian seatsAbolished in 2020

πŸ“Š Summary Table:

GroupArticleReservation TypeStatus (as of 2024)
SCs & STs330 / 332Lok Sabha & State Assemblyβœ… Till 2030
Anglo-Indians331 / 333Nominated Seats❌ Abolished by 104th Amendment

πŸ”Ž Related Articles:

Article 330 – Reservation in Lok Sabha for SC/ST

Article 332 – Reservation in State Assemblies for SC/ST

Article 331 & 333 – Anglo-Indian nomination (now repealed)

 

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