Document Fragment View

Matching Fragments

2. The need for social action is necessitated by the environmental factors and living conditions of the individuals concerned. The application of the principle of individual merit, unmitigated by other considerations may quite often lead to inhuman results 1441 G]

3. An examination of the question of the background of the Indian Social conditions-caste ridden atmosphere shows that the expression "backward classes" used in the Constitution referred only to those who were born in particular castes, or who belonged to particular races or tribes or religious minorities which were backward. This is so because a caste is based on various factors, sometimes it may be a class, a race or a racial unit and the caste of a person is governed by his birth in. the family. [459 E; 457 F] It is significant that the expression "backward classes" used in Part XVI of the Constitution and in particular in Article 338(3) is used along with the Scheduled Castes, the Scheduled Tribes and the Anglo-Indian Community. The meaning of "backward classes" has, therefore, to be deduced along with the other words preceding it. [462 G] It is a rule of statutory construction that where there are general words following particular and specific words, the general words must be confined to things of the same kind as those specified. It is true that this rule which is called as the ejusdem generise rule or the rule noscitur a sociis cannot be carried too far. But it is reasonable to apply that rule where the specific words refer to a distinct genus or category. [462 H; 463 A] Part XVI of the Constitution deals with certain concessions extended to certain castes, tribes and races which are Scheduled Castes and Scheduled Tribes and to the Anglo-Indian community. In the context if Article 338(3) and Article 340 are construed, the expression 'backward classes' can only refer to A certain castes, races tribes or communities or parts thereof other than Scheduled Castes, Scheduled Tribes and the Anglo-Indian community, which are backward. Clause (6) of the resolution regarding the aims and objects of the Constitution moved by Pandit Jawaharlal Nehru on December 13, 1946 and the history of the enactment of Part XVI of the Constitution by the Constituent Assembly lead to the conclusion that backward classes are only those castes, races, tribes or communities, which are identified by birth, which are backward. It is, therefore,difficult to hold that persons or groups of persons who are backward merely on account of poverty which is traceable to economic reasons can also be considered as backward classes for purposes of Article 16(4) and Part XVI of the Constitution. [463 C-D; 466 G-H] The Drafting Committee by qualifying the expression "class of citizens" by "backward" in Article 16(4) of the Constitution tried to reconcile three different points of view and produced a workable proposition which was acceptable to all, the three points of view being (i) that there should be equality of opportunity for all citizens and that every individual qualified for a particular post should be free to apply for that post to sit for examinations and to have his qualifications tested so as to determine whether he was fit for the post or not and that there ought to be no limitations, there ought to be no hindrance in the operation of the principle of equality of opportunity; (ii) that if the principle of equality of opportunity was to be operative there ought to be no reservations of any sort for any class or community all and that all citizens if they qualified should be placed on the same footing of equality as far as public services were concerned; and (iii) that though the principle of equality of opportunity was theoretically good there must at the same time be a provision made for the entry of certain communities which have so far been outside the administration. The whole tenor of discussion in the Constituent Assembly pointed to making reservation for a minority of the population including Scheduled Castes and Scheduled Tribes which were socially backward. [465 G-H; 466 A-B]

7. As to the power of the Government to make reservations under Article 15(4) and 16(4) of the Constitution: The determination of the question whether the members belonging to a caste or a group or a community are backward for the purpose of Article 15(4) and Article 16(4) of the Constitution is not open to the Government to call any caste or group or community as backward according to its sweet will and pleasure and extend the benefit that may be granted under those provisions to such caste or group or community. The exercise of uncontrolled power by the Government in this regard may lead to political favoritism leading to denial of the just requirements of classes which are truly backward. The power of the Government to classify any caste or group or community as backward has to be exercised in accordance with the guidelines that can be easily gathered from the Constitution. It is now accepted that the expressions 'socially and educationally backward classes of citizens' and the Scheduled Castes and the Scheduled Tribes' in Article 15(4) of the Constitution together are equivalent to `backward classes of citizens' in Article 16(4). [486 A-D] Further the criterion for determining the backwardness must not be based solely on religion, race, caste, sex or place of birth and the backwardness being social and educational must be similar to the backwardness from which the Scheduled Castes and the Scheduled Tribes suffered. This view is in conformity with the intention underlying clause 6 of the resolution regarding the aims and objects of the Constitution moved by Jawaharlal Nehru on December 13,1946 which asked the Constitution Assembly to frame a Constitution providing adequate safeguards for minorities, backward and tribal area and depressed and other backward classes and also wish the provisions of Article 338 and Article 340 of the Constitution. Unless the above restriction is imposed on the Government, it would become possible for the Government to call any caste or group or community which constitutes a powerful political lobby in the State as backward even though in fact it may be an advanced caste or group or community but just below some other forward community.

Article 338 enjoins the appointment of a special officer for the Scheduled Tribes by the President whose duty is to investigate all matters relating to the safeguards provided for the Scheduled Castes and Schedule Tribes under the Constitution and to report to the President upon the working of those safeguards at such intervals as may be directed by the President. The reports are to be laid before each House of Parliament. Article 338(3) expressly provides that n under Art. 338 references to the Scheduled Castes Scheduled Tribes shall be construed as in including references to such other backward classes as the President may on receipt of the report of a Commission appointed under Art. 34a(1). specify and also the Anglo-Indian community.