provisions of any law made by Parliament, by rule specify. Article 341 , after some amendments, provides that the President with respect to any State ... notification". Similar provision is made in Article 342(1) with respect to Scheduled Tribes. Article 340 of the Constitution and a corresponding provision present
Tribes for the purposes indicated in Clause (5) of the said Articles. Articles 340 , 341 and 342 read as under :-
"340. Appointment ... socially and educationally backward classes of citizens. Unlike Articles 341 and 342 , Article 340 does not provide as to which community shall, for the purposes
created under Clause (4) of Article 16 itself- or under Article 16(4) read with Article 340 - as a concomitant of the power to identify ... created under Clause (4) of Article 16 it self or under Article 16(4) read with Article 340 as a concomitant of the power
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
case, the learned counsel for the petitioner referred to Article 340 of the Constitution and contended that as no Commission, as contemplated by that Article ... behalf of the petitioner can carry his case much forward. Article 340 of the Constitution does not envisage a Commission
for finding out and classifying
Birru Prathap Reddy vs The State Of Andhra Pradesh on 2 March, 2020
Bench: J
compared to the Commission appointed under Article 338 of the Constitution.
16. The first such Commission under Article 340 of the Constitution was appointed ... created under Clause (4) of Article 16 itself -- or under Article 16(4) read with Article 340 -- as a concomitant of the power to identify
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
Chhotey Lal Pandey And Ors. vs State Of Uttar Pradesh And Anr. on 2 February
