Article 340 of the Costitution of India with Case law
Here is a detailed explanation of Article 340 of the Constitution of India, including its text, purpose, and important case law:
🧾 Article 340 – Appointment of a Commission to Investigate the Conditions of Backward Classes
🔹 Text of Article 340:
(1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of the socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.
(2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.
(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.
📌 Purpose and Significance of Article 340
| Feature | Explanation |
|---|---|
| Objective | To identify and recommend measures for the upliftment of socially and educationally backward classes (SEBCs) in India. |
| Tool | Allows the President to appoint a commission to examine conditions and suggest remedies. |
| Outcome | The findings are used to formulate affirmative action policies like reservations, scholarships, and development programs. |
| Key Concept | Article 340 is crucial for implementing social justice and inclusive growth, especially through reservation policies under Articles 15(4), 15(5), and 16(4). |
📚 Notable Commissions under Article 340
1. First Backward Classes Commission – Kaka Kalelkar Commission (1953)
Appointed: 1953, under Article 340(1).
Recommendations: Suggested reservations in jobs, education, and public services.
Outcome: Report was not implemented due to lack of proper data and clarity in criteria.
2. Second Backward Classes Commission – Mandal Commission (1979)
Appointed by: President on recommendation of Janata Government, headed by B.P. Mandal.
Key Recommendations:
27% reservation for OBCs in central government jobs and educational institutions.
Identified OBCs using social, educational, and economic criteria.
Outcome: Recommendations were implemented in 1990 by Prime Minister V.P. Singh, sparking national debate and widespread protests.
⚖️ Important Case Laws Related to Article 340
1. Indra Sawhney v. Union of India (1992)
Citation: AIR 1993 SC 477
Issue: Constitutional validity of implementing Mandal Commission recommendations.
Held:
Article 340 empowers the President to appoint commissions for identifying socially and educationally backward classes (SEBCs).
27% reservation for OBCs upheld, but economic criteria alone can't be used.
Creamy layer (affluent among OBCs) should be excluded from reservation benefits.
Significance: Landmark interpretation of Article 340’s role in social justice policies.
2. Ashoka Kumar Thakur v. Union of India (2008)
Citation: (2008) 6 SCC 1
Issue: Constitutionality of OBC reservations in educational institutions under Article 15(5).
Held:
Reaffirmed Indra Sawhney principles.
Article 340 Commissions play a key role in identifying backward classes.
Relevance: Emphasized use of reliable data and periodic review of backward class status.
3. Janki Prasad Parimoo v. State of J&K (1973)
Citation: AIR 1973 SC 930
Held: Social and educational backwardness under Articles 15(4) and 16(4) must be identified by an expert commission, often one under Article 340.
✅ Summary Table
| Feature | Details |
|---|---|
| Article | 340 |
| Purpose | Investigation and recommendations regarding socially and educationally backward classes |
| Who appoints? | President of India |
| Notable Commissions | Kaka Kalelkar (1953), Mandal Commission (1979) |
| Key Case Laws | Indra Sawhney (1992), Ashoka Kumar Thakur (2008), Janki Prasad (1973) |
| Key Outcome | Forms the foundation for OBC reservations and welfare schemes |
🔍 Key Takeaway:
Article 340 is a foundational provision for social justice in India. It enables the government to take evidence-based, expert-recommended steps to uplift marginalized sections of society and ensure equitable representation in governance, education, and employment.
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