327. Power of Parliament to make provision with respect to elections
to Legislatures.—Subject to the provisions of this Constitution, Parliament
may from time to time by law make provision with respect to all matters
relating to, or in connection with, elections to either House of Parliament or to
the House or either House of the Legislature of a State including the
preparation of electoral rolls, the delimitation of constituencies and all other
matters necessary for securing the due constitution of such House or Houses.
______________________________________________
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment)
Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by the Constitution (Sixty-first Amendment) Act, 1988, s. 2, for "twenty-one
years" (w.e.f. 28-3-1989).
188 THE CONSTITUTION OF INDIA
(Part XV.—Elections)
328. Power of Legislature of a State to make provision with respect
to elections to such Legislature.—Subject to the provisions of this
Constitution and in so far as provision in that behalf is not made by Parliament,
the Legislature of a State may from time to time by law make provision with
respect to all matters relating to, or in connection with, the elections to the
House or either House of the Legislature of the State including the preparation
of electoral rolls and all other matters necessary for securing the due
constitution of such House or Houses.
329. Bar to interference by courts in electoral matters.—
1
[Notwithstanding anything in this Constitution 2***—]
(a) the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies, made or
purporting to be made under article 327 or article 328, shall not be called
in question in any court;
(b) no election to either House of Parliament or to the House or
either House of the Legislature of a State shall be called in question
except by an election petition presented to such authority and in such
manner as may be provided for by or under any law made by the
appropriate Legislature.
3
329A. [Special provision as to elections to Parliament in the case of
Prime Minister and Speaker.].—Omitted by the Constitution (Forty-fourth
Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).
______________________________________________
1. Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 3, for certain words
(w.e.f. 10-8-1975).
2. The words, figures and letter "but subject to the provisions of article 329A" omitted by
the Constitution (Forty-fourth Amendment) Act, 1978, s. 35 (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 4 (w.e.f. 10-8-1975).
PART XVI
SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
330. Reservation of seats for Scheduled Castes and Scheduled Tribes
in the House of the People.—
(1) Seats shall be reserved in the House of the
People for —
(a) the Scheduled Castes;
1
[
(b) the Scheduled Tribes except the Scheduled Tribes in the
autonomous districts of Assam; and]
(c) the Scheduled Tribes in the autonomous districts of Assam.
(2) The number of seats reserved in any State 2[or Union territory] for
the Scheduled Castes or the Scheduled Tribes under clause
(1) shall bear, as
nearly as may be, the same proportion to the total number of seats allotted to
that State 2[or Union territory] in the House of the People as the population of
the Scheduled Castes in the State 2[or Union territory] or of the Scheduled
Tribes in the State 2[or Union territory] or part of the State 2[or Union territory],
as the case may be, in respect of which seats are so reserved, bears to the total
population of the State 2[or Union territory].
3
[
(3) Notwithstanding anything contained in clause
(2), the number of
seats reserved in the House of the People for the Scheduled Tribes in the
autonomous districts of Assam shall bear to the total number of seats allotted to
that State a proportion not less than the population of the Scheduled Tribes in
the said autonomous districts bears to the total population of the State.]
4
[Explanation.—In this article and in article 332, the expression
“population” means the population as ascertained at the last preceding census
of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until the
relevant figures for the first census taken after the year 5[2026] have been
published, be construed as a reference to the 6[2001] census.]
______________________________________________
1. Subs. By the Constitution (Fifty-first Amendment) Act, 1984, s. 2, for sub-clause
(b)
(w.e.f. 16-6-1986).
2. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
3. Ins. by the Constitution (Thirty-first Amendment) Act, 1973, s. 3 (w.e.f. 17-10-1973).
4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 47 (w.e.f. 3-1-1977).
5. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 6, for "2000" (w.e.f. 21-2-2002).
6. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 5, for "1991" (w.e.f. 22-6-2003).
189
190 THE CONSTITUTION OF INDIA
(Part XVI.—Special Provisions Relating to Certain Classes)
1
[330A. Reservation of seats for women in the House of the People.-
(1) Seats shall be reserved for women in the House of the People.
(2) As nearly as may be, one-third of the total number of seats reserved
under clause
(2) of article 330 shall be reserved for women belonging to the
Scheduled Castes or the Scheduled Tribes.
(3) As nearly as may be, one-third (including the number of seats
reserved for women belonging to the Scheduled Castes and the Scheduled
Tribes) of the total number of seats to be filled by direct election to the House
of the People shall be reserved for women.]
331. Representation of the Anglo-Indian Community in the House of
the People.—Notwithstanding anything in article 81, the President may, if he is
of opinion that the Anglo-Indian community is not adequately represented in
the House of the People, nominate not more than two members of that
community to the House of the People.
332. Reservation of seats for Scheduled Castes and Scheduled Tribes
in the Legislative Assemblies of the States.—
(1) Seats shall be reserved for
the Scheduled Castes and the Scheduled Tribes, 2[except the Scheduled Tribes
in the autonomous districts of Assam], in the Legislative Assembly of every
State 3***.
(2) Seats shall be reserved also for the autonomous districts in the
Legislative Assembly of the State of Assam.
(3) The number of seats reserved for the Scheduled Castes or the
Scheduled Tribes in the Legislative Assembly of any State under clause
(1)
shall bear, as nearly as may be, the same proportion to the total number of seats
in the Assembly as the population of the Scheduled Castes in the State or of the
Scheduled Tribes in the State or part of the State, as the case may be, in respect
of which seats are so reserved, bears to the total population of the State.
4
[(3A) Notwithstanding anything contained in clause
(3), until the taking
effect, under article 170, of the re-adjustment, on the basis of the first census
after the year 5[2026], of the number of seats in the Legislative Assemblies of
the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, the seats
which shall be reserved for the Scheduled Tribes in the Legislative Assembly
of any such State shall be,—
______________________________________________
1. Ins. by the Constitution (One Hundred and Sixth Amendment) Act, 2023, s.3 (date yet to be
notified).
2. Subs. by the Constitution (Fifty-first Amendment) Act, 1984, s. 3, for certain words (w.e.f. 16-6-1986).
3. The words and letters "specified in Part A or Part B of the First Schedule" omitted by the
Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
4. Ins. by the Constitution (Fifty-seventh Amendment) Act, 1987, s. 2 (w.e.f. 21-9-1987).
5. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for "2000" (w.e.f. 21-2-2002).
191 THE CONSTITUTION OF INDIA
(Part XVI.—Special Provisions Relating to Certain Classes)
(a) if all the seats in the Legislative Assembly of such State in
existence on the date of coming into force of the Constitution (Fifty-
seventh Amendment) Act, 1987 (hereafter in this clause referred to as
the existing Assembly) are held by members of the Scheduled Tribes, all
the seats except one;
(b) in any other case, such number of seats as bears to the total
number of seats, a proportion not less than the number (as on the said
date) of members belonging to the Scheduled Tribes in the existing
Assembly bears to the total number of seats in the existing Assembly.]
1
[(3B) Notwithstanding anything contained in clause
(3), until the
re-adjustment, under article 170, takes effect on the basis of the first census
after the year 2[2026], of the number of seats in the Legislative Assembly of the
State of Tripura, the seats which shall be reserved for the Scheduled Tribes in
the Legislative Assembly shall be, such number of seats as bears to the total
number of seats, a proportion not less than the number, as on the date of
coming into force of the Constitution (Seventy-second Amendment) Act, 1992,
of members belonging to the Scheduled Tribes in the Legislative Assembly in
existence on the said date bears to the total number of seats in that Assembly.]
(4) The number of seats reserved for an autonomous district in the
Legislative Assembly of the State of Assam shall bear to the total number of
seats in that Assembly a proportion not less than the population of the district
bears to the total population of the State.
(5) The constituencies for the seats reserved for any autonomous district
of Assam shall not comprise any area outside that district 3***.
(6) No person who is not a member of a Scheduled Tribe of any
autonomous district of the State of Assam shall be eligible for election to the
Legislative Assembly of the State from any constituency of that district 3***:
4
[
Provided that for elections to the Legislative Assembly of the State of
______________________________________________
1. Ins. by the Constitition (Seventy-second Amendment) Act, 1992, s. 2 (w.e.f. 5-12-1992).
2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 7, for "2000"
(w.e.f. 21-2-2002).
3. Certain words omitted by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971),
s. 71 (w.e.f. 21-1-1972).
4. Ins. by the Constitution (Ninetieth Amendment) Act, 2003, s. 2 (w.e.f. 28-9-2003).
192 THE CONSTITUTION OF INDIA
(Part XVI.—Special Provisions Relating to Certain Classes)
Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes in
the constituencies included in the Bodoland Territorial Areas District, so
notified, and existing prior to the constitution of Bodoland Territorial Areas
District, shall be maintained.]
1
[332A. Reservation of seats for women in the Legislative
Assemblies of the States.—
(1) Seats shall be reserved for women in the
Legislative Assembly of every State.
(2) As nearly as may be, one-third of the total number of seats reserved
under clause
(3) of article 332 shall be reserved for women belonging to the
Scheduled Castes or the Scheduled Tribes.
(3) As nearly as may be , one-third (including the number of seats
reserved for women belonging to the Scheduled Castes and the Sceduled
Tribes) of the total number of seats to be filled by direct election in the
Legislative Assembly of every State shall be reserved for women.]
333. Representation of the Anglo-Indian community in the
Legislative Assemblies of the States.—Notwithstanding anything in article
170, the Governor 2*** of a State may, if he is of opinion that the Anglo-Indian
community needs representation in the Legislative Assembly of the State and is
not adequately represented therein, 3[nominate one member of that community
to the Assembly].
334. 4[Reservation of seats and special representation to cease after
certain 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,
______________________________________________
1.Ins. by the Constitution (One Hundred and Sixth Amendment) Act, 2023, s.4 (date yet to be
notified).
2. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956,
s. 29 and Sch. (w.e.f. 1-11-1956).
3. Subs. by the Constitution (Twenty-third Amendment) Act, 1969, s. 4, for "nominate such
number of members of the community to the Assembly as he considers appropriate"
(w.e.f. 23-1-1970).
4. Subs. by the Constitution (One hundred and fourth Amendment) Act, 2019, s. 2, for
marginal heading (w.e.f. 25-1-2020).
193 THE CONSTITUTION OF INDIA
(Part XVI.—Special Provisions Relating to Certain Classes)
shall cease to have effect on the expiration of a period of 1[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.
2
[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.]
335. Claims of Scheduled Castes and Scheduled Tribes to services
and posts.—The claims of the members of the Scheduled Castes and the
Scheduled Tribes shall be taken into consideration, consistently with the
maintenance of efficiency of administration, in the making of appointments to
services and posts in connection with the affairs of the Union or of a State:
______________________________________________
1. Subs. by the Constitution (One Hundred and Fourth Amendment) Act, 2019, s. 2, for
“seventy years” (w.e.f. 25-1-2020). The words “seventy years” subs. for “sixty years” by
the Constitution (Ninety-fifth Amendment) Act, 2009, s.2 (w.e.f. 25-1-2010). The words
“sixty years” subs. for “fifty years” by the Constitution (Seventy-ninth Amendment) Act,
1999, s. 2 (w.e.f. 25-1-2000). The words “fifty years” subs. for “forty years” by the
Constitution (Sixty-second Amendment) Act, 1989, s. 2 (w.e.f. 20-12-1989). The words
“forty years” subs. for “thirty years” by the Constitution (Forty-fifth Amendment) Act,
1980, s. 2 (w.e.f. 25-1-1980).
2. Ins. by the Constitution (One Hundred and Sixth Amendment) Act, 2023, s.5 (date yet
to be notified).
194 THE CONSTITUTION OF INDIA
(Part XVI.—Special Provisions Relating to Certain Classes)
1
[
Provided that nothing in this article shall prevent in making of any
provision in favour of the members of the Scheduled Castes and the Scheduled
Tribes for relaxation in qualifying marks in any examination or lowering the
standards of evaluation, for reservation in matters or promotion to any class or
classes of services or posts in connection with the affairs of the Union or of a State.]
336. Special provision for Anglo-Indian community in certain
services.—
(1) During the first two years after the commencement of this
Constitution, appointments of members of the Anglo-Indian community to posts
in the railway, customs, postal and telegraph services of the Union shall be made
on the same basis as immediately before the fifteenth day of August, 1947.
During every succeeding period of two years, the number of posts
reserved for the members of the said community in the said services shall, as
nearly as possible, be less by ten per cent. than the numbers so reserved during
the immediately preceding period of two years:
Provided that at the end of ten years from the commencement of this
Constitution all such reservations shall cease.
(2) Nothing in clause
(1) shall bar the appointment of members of the
Anglo-Indian community to posts other than, or in addition to, those reserved
for the community under that clause if such members are found qualified for
appointment on merit as compared with the members of other communities.
337. Special provision with respect to educational grants for the
benefit of Anglo-Indian community.—During the first three financial years
after the commencement of this Constitution, the same grants, if any, shall be
made by the Union and by each State 2*** for the benefit of the Anglo-Indian
community in respect of education as were made in the financial year ending
on the thirty-first day of March, 1948.
During every succeeding period of three years the grants may be less by
ten per cent. than those for the immediately preceding period of three years:
Provided that at the end of ten years from the commencement of this
Constitution such grants, to the extent to which they are a special concession to
the Anglo-Indian community, shall cease:
Provided further that no educational institution shall be entitled to
receive any grant under this article unless at least forty per cent. of the annual
admissions therein are made available to members of communities other than
the Anglo-Indian community.
______________________________________________
1. Ins. by the Constitution (Eighty-second Amendment) Act, 2000, s. 2 (w.e.f. 8-9-2000).
2. The words and letters "specified in Part A or Part B of the First Schedule" omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
195 THE CONSTITUTION OF INDIA
(Part XVI.—Special Provisions Relating to Certain Classes)
338. 1[National Commission for Scheduled Castes].—2[3[
(1) There
shall be a Commission for the Scheduled Castes to be known as the National
Commission for the Scheduled Castes.
(2) Subject to the provisions of any law made in this behalf by
Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson
and three other Members and the conditions of service and tenure of office of
the Chairperson, Vice-Chairperson and other Members so appointed shall be
such as the President may by rule determine.]
(3) The Chairperson, Vice-Chairperson and other Members of the
Commission shall be appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards
provided for the Scheduled Castes 4*** under this Constitution or under
any other law for the time being in force or under any order of the
Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the
deprivation of rights and safeguards of the Scheduled Castes 4***;
(c) to participate and advise on the planning process of
socio-economic development of the Scheduled Castes 1*** and to
evaluate the progress of their development under the Union and any
State;
(d) to present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that
should be taken by the Union or any State for the effective implementation of
______________________________________________
1. Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for the marginal
heading (w.e.f. 19-2-2004).
2. Subs. by the Constitution (Sixty-fifth Amendment) Act, 1990, s. 2, for cls.
(1) and
(2)
(w.e.f. 12-3-1992).
3. Subs. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 2, for cls.
(1) and
(2) (w.e.f. 19-2-2004).
4. The words "and Scheduled Tribes" omitted by the Constitution (Eighty-ninth
Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).
196 THE CONSTITUTION OF INDIA
(Part XVI.—Special Provisions Relating to Certain Classes)
those safeguards and other measures for the protection, welfare and
socio-economic development of the Scheduled Castes 1***; and
(f) to discharge such other functions in relation to the protection, welfare
and development and advancement of the Scheduled Castes 1*** as the President
may, subject to the provisions of any law made by Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each
House of Parliament along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the Union and the
reasons for the non-acceptance, if any, of any of such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with
which any State Government is concerned, a copy of such report shall be
forwarded to the Governor of the State who shall cause it to be laid before the
Legislature of the State along with a memorandum explaining the action taken
or proposed to be taken on the recommendations relating to the State and the
reasons for the non-acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in
sub-clause
(a) or inquiring into any complaint referred to in sub-clause
(b) of
clause
(5), have all the powers of a civil court trying a suit and in particular in
respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person from
any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any
court or office;
(e) issuing commissions for the examination of witnesses and
documents;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult the
Commission on all major policy matters affecting Scheduled Castes 1***].
2
[
(10)] In this article, references to the Scheduled Castes 1*** shall be
construed as including references 3*** to the Anglo-Indian community.
4
[338A. National Commission for Scheduled Tribes.—
(1) There shall
be a Commission for the Scheduled Tribes to be known as the National
Commission for the Scheduled Tribes.
______________________________________________
1. The words "and Scheduled Tribes" omitted by the Constitution (Eighty-ninth
Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).
2. Cl.
(3) renumbered as cl.
(10) by the Constitution (Sixty-fifth Amendment) Act, 1990,
s. 2 (w.e.f. 12-3-1992).
3. The words, brackets and figures "to such other backward classes as the President may,
on receipt of the report of a Commission appointed under cl.
(1) of article 340, by
order specify and also" omitted by the Constitution (One Hundred and Second
Amendment) Act, 2018, s. 2 (w.e.f. 15-8-2018).
4. Art 338A ins. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 3
(w.e.f. 19-2-2004).
197 THE CONSTITUTION OF INDIA
(Part XVI.—Special Provisions Relating to Certain Classes)
(2) Subject to the provisions of any law made in this behalf by
Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson
and three other Members and the conditions of service and tenure of office of
the Chairperson, Vice-Chairperson and other Members so appointed shall be
such as the President may by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the
Commission shall be appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the
safeguards provided for the Scheduled Tribes under this Constitution or
under any other law for the time being in force or under any order of the
Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the
deprivation of rights and safeguards of the Scheduled Tribes;
(c) to participate and advise on the planning process of
socio-economic development of the Scheduled Tribes and to evaluate the
progress of their development under the Union and any State;
(d) to present to the President, annually and at such other times as
the Commission may deem fit, reports upon the working of those
safeguards;
(e) to make in such reports recommendations as to the
measures that should be taken by the Union or any State for the
effective implementation of those safeguards and other measures
for the protection, welfare and socio-economic development of the
Scheduled Tribes; and
(f) to discharge such other functions in relation to the protection,
welfare and development and advancement of the Scheduled Tribes as
the President may, subject to the provisions of any law made by
Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each
House of Parliament along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the Union and the
reasons for the non-acceptance, if any, of any such recommendations.
(7) Where any such report, or any part thereof, relates to any matter
with which any State Government is concerned, a copy of such report shall be
forwarded to the Governor of the State who shall cause it to be laid before the
Legislature of the State along with a memorandum explaining the action taken
or proposed to be taken on the recommendations relating to the State and the
reasons for the non-acceptance, if any, of any of such recommendations.
198 THE CONSTITUTION OF INDIA
(Part XVI.—Special Provisions Relating to Certain Classes)
(8) The Commission shall, while investigating any matter referred to in
sub-clause
(a) or inquiring into any complaint referred to in sub-clause
(b) of
clause
(5), have all the powers of a civil court trying a suit and in particular in
respect of the following matters, namely:—
<
