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[Cites 3, Cited by 193] [Constitution]

Constitution Article

Article 334 in Constitution of India

334. Reservation of seats and special representation to cease aftercertain period.

Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to—
(a)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; and
(b)the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination, shall cease to have effect on the expiration of a period of 2 [eighty years in respect of clause (a) and seventy years in respect of clause (b)] from the commencement of this Constitution: Provided that nothing in this article shall affect any representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly, as the case may be.
(Subs. by the Constitution (One hundred and fourth Amendment) Act, 2019, s. 2, (w.e.f. 25-1-2020))[Editorial Comment- The Constitution (Eighth Amendment) Act, 1959, which changed Article 334 of the Constitution, is an important milestone in Indian history. It amended Article 334 of the Constitution in order to extend the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for ten years, i.e. up to 26 January 1970. Article 334 had stipulated that the reservation of seats should expire within a period of ten years from the commencement of the Constitution (i.e. 26 January 1960). However, the extension of the reservation was necessary to give these marginalized communities a greater opportunity to participate in the political process and have their voices heard. The Amendment extended the period for reservations to 1970. The period of reservation was extended to 1980, 1990, 2000, 2010, 2020 and 2030 by the 23rd, 45th, 62nd, 79th, 95th and 104th Amendments respectively. Also Refer ][Editorial comment- The Constitution (Twenty-Three Amendment) Act, 1969, this amendment to Article 334 made Anglo-Indian community by nomination will continue to be represented in the Lok Sabha and the State’s Legislative Assemblies for a further ten years.Also refer ][Editorial comment- The Constitution (Forty-Fifth Amendment) Act, 1980, increased the time of seat reservations for the Scheduled Castes (SC) and Scheduled Tribes (ST) as well as gave the special representation of the Anglo-Indian community in the Lok Sabha and the State Legislative Assemblies for a further duration of ten years, or up to January 26, 1990. Article 334 of the Constitution had originally required the reservation of seats to cease in 1960, but this was extended to 1970 by the 8th Amendment, and the 23rd Amendment extended this period to 1980. The 45th Amendment extended the period of reservation to 1990.The period of reservation was extended to 2000, 2010, 2020 and 2030 by the 62nd, 79th, 95th and 104th Amendments respectively. Also Refer][Editorial comment- The Constitution (Sixty-second Amendment) Act, 1989, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 2000. Article 334 of the Constitution had originally required the reservation of seats to cease in 1960, but this was extended to 1970 by the 8th Amendment. The period of reservation was extended to 1980 and 1990 by the 23rd and 45th Amendments respectively. This Amendment extended the period of reservation to 2000. The period of reservation was further extended to 2010, 2020 and 2030 by the 79th and 95th and 104th Amendments respectively.Also Refer ][Editorial comment-The Constitution (Seventy-ninth Amendment) Act, 1999, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 2010. Article 334 of the Constitution had originally required the reservation of seats to cease in 1960, but this was extended to 1970 by the 8th Amendment. The period of reservation was extended to 1980, 1990, and 2000 by the 23rd, 45th and 62nd Amendments respectively. The 79th Amendment extended this period to 2010. The period of reservation was further extended to 2020 and 2030 by the 95th and 104th Amendments.Also Refer ][Editorial comment-The Constitution (Ninety-fifth Amendment) Act, 2009, extended the reservation of seats for the Scheduled Castes and Scheduled Tribes, and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e., up to 26 January 2020. Article 334 of the Constitution had originally mandated that the reservation of elected seats must cease in 1960, but this was extended to 1970 by the 8th Amendment. The period of reservation was subsequently extended to 1980, 1990, 2000, and 2010 by the 23rd, 45th, 62nd, and 79th Amendments, respectively. The 95th Amendment further extended the period of reservation to 2020, and the 104th Amendment extended it to 2030.Also Refer][Editorial comment-The Constitution (One Hundred and Fourth Amendment) Act, 2019, ensures that individuals from socially and educationally backward classes have equal opportunities for education and public employment, thereby promoting social and economic equality. The Act extends the reservation for socially and educationally backward classes in educational institutions and public employment until 2030. The socially and educationally backward classes under the Act include Scheduled Castes, Scheduled Tribes, and Other Backward Classes. The cessation of reservation of the Anglo-Indian group in Lok Sabha and state Legislative Assemblies is a debated topic. BJP-led government has scrapped it stating appropriate representation of the community is achieved. Other than this policy or the rule of reservation for SCs and Scheduled Tribes has always been a bone of contention. Special Protection provided, reservations in legislature granted to them, etc are hot topics for debates.Also Refer]

334A. Reservation of seats for women take effect.

1
Notwithstanding anything in the foregoing provision of this Part or Part VIII, the provisions of the Constitution relating to the reservation of seats for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after commencement of the Constitution (One Hundred and Sixth Amendment) Act, 2023 have been published and shall cease to have effect on the expiration of a period of fifteen years from such commencement.
2
Subject to the provisions of articles 239AA, 330A and 332A, seats reserved for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall continue till such date as the Parliament may by law determine.
3
Rotation of seats reserved for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall take effect after each subsequent exercise of delimitation as the Parliament may by law determine.
4
Nothing in this article shall affect any representation in the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi until the dissolution of the then existing House of the People, Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi.