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What is Article 340 of Indian constitution |
Article 340 of the Indian Constitution empowers the President of India to appoint a Commission to investigate the conditions of Socially and Educationally Backward Classes (SEBCs).
🧾 Article 340 – Appointment of a Commission to Investigate the Conditions of Backward Classes
📌 Main Provisions:
Clause | Details |
---|---|
(1) | The President may, by order, appoint a Commission to investigate the conditions of Socially and Educationally Backward Classes in India. The Commission will: 🔹 Investigate their conditions. 🔹 Recommend steps to improve their status. 🔹 Suggest measures for their welfare and development. |
(2) | The President may specify: 🔹 Composition of the Commission. 🔹 Terms of reference. 🔹 Duties to perform. 🔹 Manner of presenting the report. |
(3) | The Union and the States may implement the Commission's recommendations through laws or executive orders. |
🏛️ Major Commissions Under Article 340
Commission | Year | Chairperson | Key Outcome |
---|---|---|---|
1st Backward Classes Commission | 1953 | Kaka Kalelkar | Submitted report in 1955; recommended reservation for OBCs. However, the report was not implemented. |
2nd Backward Classes Commission | 1979 | B.P. Mandal | Known as the Mandal Commission. Recommended 27% reservation for OBCs in central government jobs and education. Implemented in 1990. |
✅ Importance of Article 340
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Provides constitutional backing for identifying OBCs (Other Backward Classes).
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Lays the foundation for positive discrimination policies like reservations in jobs, education, and politics.
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Balances the principle of equality with social justice.
📘 Related Articles:
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Article 15(4) – Allows the State to make special provisions for SEBCs.
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Article 16(4) – Permits reservation in government jobs for backward classes.
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Article 342A – (Inserted by 102nd Amendment, 2018) Empowers President to notify Socially and Educationally Backward Classes (SEBCs).
Here is a comparison chart of Article 338, Article 338A, and Article 340 of the Indian Constitution:
📊 Comparison Chart: Article 338 vs 338A vs 340
Aspect | Article 338 | Article 338A | Article 340 |
---|---|---|---|
Focus | Scheduled Castes (SCs) | Scheduled Tribes (STs) | Socially and Educationally Backward Classes (SEBCs) / OBCs |
Commission Name | National Commission for Scheduled Castes (NCSC) | National Commission for Scheduled Tribes (NCST) | Backward Classes Commission |
Inserted By | Original Constitution (modified by 89th Amendment in 2003) | 89th Constitutional Amendment Act, 2003 | Original Constitution |
Purpose | Safeguards and development of SCs | Safeguards and development of STs | To investigate conditions of backward classes and recommend welfare measures |
Composition | Chairperson, Vice-Chairperson & 3 Members | Chairperson, Vice-Chairperson & 3 Members | Decided by the President |
Appointed By | President of India | President of India | President of India |
Main Duties | - Monitor SC safeguards- Investigate complaints- Advise on socio-economic development- Submit reports to the President | - Same duties as Article 338, but for STs | - Investigate social and educational backwardness- Recommend steps for improvement- Advise on welfare measures |
Powers | Civil Court powers for inquiries | Civil Court powers for inquiries | Advisory and recommendatory powers |
Examples | NCSC | NCST | Kaka Kalelkar Commission (1953), Mandal Commission (1979) |
Report Submission | To the President, laid before Parliament | To the President, laid before Parliament | To the President; Government may act upon recommendations |
✅ Summary
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Article 338 and 338A provide for permanent constitutional commissions for SCs and STs.
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Article 340 provides the framework for temporary commissions to investigate and suggest steps for the upliftment of backward classes (OBCs).
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