socially and educationally backward classes and to make appropriate recommendations. Article 340 reads as follows:
340. Appointment of a Commission to investigate the conditions ... basis of the report of the Commission appointed under Article 340 and Anglo-Indians within the purview of the expressions "Scheduled Castes and Scheduled
Article 16 does
not contain the qualifying words “socially and
educationally” as does clause (4) of Article 15. It may be
remembered that Article 340 ... whom Article 16(4)
was enacted: Article 16(4) applies to a much larger class
than the one contemplated by Article 340. It would, thus
Castes" by definition under Article 366(24) and "Scheduled Tribes" under Article 366(25) read with Articles 341 and 342 respectively ... OBCs, their identification was delegated to a Commission appointed under Article 340.
8. In Mandal case, identifying the backward classes of citizens, per majority, this
words 'backward class'
occurring in Article 16(4). Articles 16(4) and
340(1) were embodied in the Constitution even at
the initial ... stage; but Article 15(4) containing the
same expression as in Article 340(1) was
subsequently added by the Constitution (First
Amendment
Castes" by definition
under Article 366(24) and "Scheduled Tribes" under Article 366(25) read
with Articles 341 and 342 respectively ... OBCs, their identification was delegated !o a
Commission appointed under article 340.
In Mandal case, identifying the backward classes of citizens, per majority,
this Court
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr on 24 April, 1973
Equivalent citations
laid before the
House of Parliament under Art. 340(3). The argument is that
Art. 340 provides for the appointment of a Commission to
investigate ... advancement of the Backward Classes. That is the effect of
reading Articles 340 and 15(4) together. In our opinion,
this contention is misconceived
under Arts. 330 and 332) which are time-bound
in accordance with Article 334. Given this background, the
petitioners contend that the framers had incorporated ... recommendations for reservations in favour of backward
classes, as contemplated under Article 340 of the
Constitution. It was urged that since the framers
SC2287 (2)
ACT:
Constitution of India, 1950, Articles 15(4) ,16(4),
29(2), 338(3) and 340- Validity of the Means test adopted ... qenesis Rule or Rule
Noscitur a sociis, explained-Construction of Articles 338(3)
and 340 of the Constitutions-Government's power to make
reservations
courts. However, the
same does not justify the striking down of Articles
243D(6) and 243T(6) which are constitutional
provisions that enable ... reservations
is an executive function and as per the mandate of
Article 340 , dedicated commissions need to be
appointed to conduct a rigorous empirical inquiry
