Article 340 of Constitution of India
Article 340 of the Constitution of India
1. Introduction
Article 340 deals with the appointment of a Commission by the President of India to investigate the conditions of socially and educationally backward classes in India.
Its main objective is to identify socially and educationally backward classes (SEBCs) and recommend measures for their advancement.
It is an important constitutional provision underpinning affirmative action policies such as reservations and welfare schemes for backward classes.
2. Text of Article 340
"Appointment of Commission to investigate the conditions of backward classes
(1) The President may, with a view to enabling the Union Government to make provision for the advancement of any socially and educationally backward classes of citizens, by order appoint a Commission to investigate the conditions of such backward classes and make recommendations as to the steps that should be taken by the Union or any State to remove any difficulties experienced by them or to improve their condition.
(2) The Union or the State Governments shall consider the recommendations of the Commission and take such steps as it may think fit."
3. Purpose and Scope
The President of India can appoint a Commission to assess the conditions of backward classes.
The Commission examines social, educational, and economic indicators to identify backwardness.
It recommends special measures such as reservations in education, employment, and political representation.
The Union and State governments are expected to consider these recommendations seriously and take appropriate action.
4. Significance
Article 340 is the constitutional basis for affirmative action for socially and educationally backward classes.
It empowers the Government to adopt targeted welfare policies for upliftment.
Provides a constitutional procedure to identify backward classes objectively.
Ensures that policies are backed by empirical study rather than arbitrary classification.
5. Famous Commissions Under Article 340
The most notable commission appointed under Article 340 is the Mandal Commission (1979).
The Mandal Commission investigated the conditions of backward classes and recommended 27% reservation for Other Backward Classes (OBCs) in government jobs and education.
These recommendations formed the basis for the extension of reservations beyond SCs and STs.
6. Judicial Interpretation and Case Law
Several landmark judgments have interpreted Article 340 and its implications:
A. State of Kerala v. N.M. Thomas (1976)
The Supreme Court held that the classification of backward classes must be reasonable and based on objective criteria.
Affirmed the validity of reservations for backward classes.
The Court emphasized that the state has a positive obligation to uplift backward classes using Article 340 and other provisions.
B. Indra Sawhney v. Union of India (1992) (Mandal Case)
The Supreme Court dealt extensively with the issue of reservations for OBCs based on the Mandal Commission report.
It recognized the constitutional validity of reservations for socially and educationally backward classes.
Held that the criteria for backwardness must be social and educational backwardness, not purely economic.
The Court also ruled that reservation cannot exceed 50% except in extraordinary circumstances.
Article 340 was referred to as the constitutional foundation for identifying backward classes.
C. Jarnail Singh v. Lachhmi Narain Gupta (2018)
The Court stressed that the identification of backward classes must be done by a competent authority based on an objective inquiry, referencing Article 340.
It criticized the arbitrary inclusion or exclusion of communities without proper investigation.
7. Process Under Article 340
The President appoints a Commission on the recommendation of the Union Government.
The Commission conducts a detailed investigation into the social, educational, and economic conditions of classes identified.
The Commission submits a report with recommendations on which classes qualify as backward and what measures are necessary.
The Union and State Governments consider the recommendations and take appropriate steps.
Based on these recommendations, reservations or welfare schemes are enacted via legislation or executive orders.
8. Impact on Reservation Policies
Article 340 has been the constitutional basis for OBC reservations, beyond the earlier reservations for SCs and STs.
It introduced a systematic and evidence-based approach to identifying backward classes.
Has led to the formulation of reservations in education, employment, and political representation for backward classes.
It balances social justice with constitutional safeguards against arbitrary classification.
9. Conclusion
Article 340 is a key constitutional tool for affirmative action in India.
It provides the procedural framework for identifying socially and educationally backward classes.
Judicial pronouncements emphasize objective, evidence-based classification to ensure fairness.
It strengthens the commitment of the Indian Constitution to equality, social justice, and inclusive development.
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