Article 340 of Constitution of India

Article 340 of the Indian Constitution is a significant provision aimed at promoting social justice. It empowers the President of India to appoint a commission to investigate the conditions of socially and educationally backward classes (SEBCs). 

The purpose of such a commission is to identify the difficulties faced by these groups and recommend measures for their upliftment. Over the decades, several commissions have been appointed under this Article to assess the status of backward classes and suggest remedial steps. 

This article discusses Article 340 in detail, its application, major commissions constituted under it, the judicial interpretations related to it, and its impact on India’s social framework.

Text of Article 340 of Constitution of India

Article 340 states:

1. The President may, by order, appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within India and the difficulties under which they labour. The Commission is to make recommendations regarding the steps that should be taken by the Union or State governments to remove those difficulties and improve their conditions. The Commission can also suggest the grants that should be made for these purposes and the conditions attached to such grants. The order appointing the Commission defines the procedure to be followed by it.
2. The Commission appointed shall investigate the matters referred to and present a report to the President with findings and recommendations.
3. The President shall cause a copy of this report, along with a memorandum explaining the action taken, to be laid before each House of Parliament.

Understanding the Provisions of Article 340 of Constitution of India

Power to Constitute Commission

Article 340 gives the President discretionary power to set up a commission for the welfare of backward classes. This is an enabling provision. The President may appoint a commission “consisting of such persons as he thinks fit.” The constitution does not fix the number or qualifications of members, allowing flexibility to address the needs of the times.

Scope of Inquiry

The commission’s mandate includes investigating two types of backwardness: social and educational. Social backwardness refers to practices, customs, and social stigma that disadvantage certain groups, while educational backwardness relates to lack of access to or advancement in education. The commission also examines the difficulties faced by such classes in labour, education, and public life.

Recommendations and Grants

The commission is to recommend steps for improving the conditions of backward classes, including policy changes, welfare schemes, reservations, and financial grants. It may specify the terms and conditions on such grants. This ensures that any remedial action is well-planned and monitored.

Reporting and Parliamentary Oversight

Once the commission completes its inquiry, it submits a report to the President, who lays it before both Houses of Parliament. The report is accompanied by a memorandum detailing the government’s response. This allows legislative oversight and public scrutiny of the commission’s findings and government actions.

Historical Commissions under Article 340 of Constitution of India

Several commissions have been appointed under Article 340 to study backward classes and make recommendations.

Kaka Kalelkar Commission (1953–1955)

• This was the first Backward Classes Commission, chaired by Kaka Kalelkar.
• The commission was tasked with identifying socially and educationally backward classes and suggesting criteria for such classification.
• It attempted to use caste, economic, and educational indicators but could not reach consensus on a comprehensive criterion.
• The commission recommended a caste-based approach but the government did not accept it fully, fearing it could deepen caste divisions.
• Consequently, the government allowed States to identify backward classes separately.

Mandal Commission (1979–1980)

• Chaired by Bindeshwari Prasad Mandal, this commission was set up to identify socially and educationally backward classes and recommend steps for their advancement.
• It estimated that approximately 52% of India’s population belonged to Other Backward Classes (OBCs).
• The commission recommended 27% reservation for OBCs in government jobs and educational institutions, to be added to existing Scheduled Castes and Scheduled Tribes reservations, reaching a total of 50%.
• The recommendations were implemented partially in 1990, leading to widespread debate and legal challenges.

Rohini Commission (2017–2023)

• Headed by Justice G. Rohini, this commission focused on sub-categorisation within the OBCs to ensure equitable distribution of reservation benefits.
• It recognized that certain dominant castes within the OBC category disproportionately benefited from reservations, while others remained underrepresented.
• The commission proposed dividing the OBCs into sub-categories with corresponding reservation allocations to address these disparities.
• Its report was submitted in 2023, and some States have already begun independent caste surveys to address the commission’s concerns.

Landmark Judgements on Article 340 of Constitution of India

The Supreme Court has played a crucial role in interpreting Article 340 and related provisions concerning backward classes.

Creamy Layer Principle

In Ashok Kumar Thakur v. Union of India (2008), the Court endorsed the exclusion of the ‘creamy layer’—the relatively wealthier and better-educated members within OBCs—from reservation benefits. This principle ensures that affirmative action reaches those truly in need.

Periodic Review of Backwardness

The Court in Indra Sawhney v. Union of India (1992) held that backwardness is not permanent and should be reassessed periodically. The doctrine ensures that groups are not entitled to indefinite reservation without review.

State-wise Variability of OBC Status

The Court in Municipal Corporation of Delhi v. Veena (2001) ruled that OBC status is not uniform nationwide and can vary from State to State, depending on socio-economic conditions. This allows flexibility and contextual assessment in different regions.

Marriage and Adoption

In Valsamma Paul v. Cochin University (1996), the Court clarified that forward caste persons do not acquire OBC status by marrying into backward caste families or through adoption. This preserves the intent of affirmative action policies.

Link with Reservation Policy in India

Article 340 commissions provide the factual basis for reservation policies under Articles 15(4) and 16(4). The commissions collect data, assess backwardness, and recommend reservation percentages and mechanisms. The Government relies on these reports to enact laws like the Central Educational Institutions (Reservation in Admission) Act, 2007, which mandates reservation for OBCs in central educational institutions.

Conclusion

Article 340 reflects India’s commitment to social justice and inclusion. It enables the government to take structured steps towards uplifting backward classes through expert commissions. The journey from the Kaka Kalelkar Commission to the Mandal and Rohini Commissions shows evolving understanding and approaches to social backwardness. Judicial pronouncements have provided clarity and checks to reservation policies, ensuring they remain fair and targeted.