Table of Contents

S no. Content Page no

1 Democracy 3

2 Determination of Backward Classes 4

3 Special Provision for Backward Classes 6

4 Majority rule And Minority Rights 10

5 Constitutional Provision for reservation in 12

Central Govt. and State Legislature

6 Selecting Reserved Seats 15

7 Conclusion 16

0
DEMOCRACY

Democracy originated more than 2,400 years ago in ancient Greece. The word democracy
means rule by the people. While this definition tells us that the citizens of a democracy govern
their nation, it omits essential parts of the idea of democracy as practiced in countries around the
world. The principal purposes for which the People establish democratic government are the
protection and promotion of their rights, interests, and welfare. Democracy requires that each
individual be free to participate in the political communitys self-government. Thus political
freedom lies at the heart of the concept of democracy. The overall concept of modern democracy
has three principal parts: democracy, constitutionalism, and liberalism. Each must exist in
a political system for it to be a genuine democracy.

Democracy is the rule by the People through free and fair elections and other forms of
participation. The political equality of all citizens is an essential principle of democracy. In a
democracy, the just powers of government are based upon the consent of the governed. Free
elections and other forms of civic participation are essential to democracy. If the People are to
rule, they must have practical means of determining who shall exercise political power on their
behalf. If they are to rule, the People must also monitor and influence officials behavior while in
office. Elections are at the heart of the practical means for the People to assert their sovereignty.
Elections in themselves do not fulfill the requirement of modern democracies; they must be free,
fair, and sufficiently frequent if the Peoples will is to have effect. Free elections means all
adult citizens can vote in elections and stand for office. Candidates for office are not in any way
blocked from addressing the electorate. Fair elections means elections that are fundamentally
honest. Voters must not be stopped from voting and all votes must be accurately counted.
Frequent elections means that elections must be held often enough to enable the People to
exercise their control of government.

1
DETERMINATION OF BACKWARD CLASSES :

The term Backward classes has not been expressly defined in the constitution. The
preamble to the constitution declares that it secures to all its citizens Justice, Social, Economic &
Political. In the light of Distributive Justice Article 14 guarantees Equality before law or equal
protection of laws for all. Article 15 prohibits discrimination on various grounds. Article 16
ensures equality in public employment. The ingredient of Socialism finds its place in the
system of reservation & safeguards that the state may introduce to uplift the weaker sections or
Backward classes of the society.

The term is used in Article 340 which provides the President may by order appoint a
commission to investigate the conditions of Backward Classes within the territory of India.
The commission so appointed may in its report suggest, among others, steps that should be taken
to improve their conditions. But even here the definition of the term is not furnished. Therefore,
the State must have a clear idea as to who actually constitute Backward Classes. It is necessary to
know the criteria or factors which have to be taken into consideration to determine Backward
Classes for the effective utilization of reservation benefits depends much upon the clear
determination of the said classes of citizens for whose benefit & uplift they have been
incorporated into the constitution.

The Scheduled Castes & Scheduled Tribes (SC & ST) being mentioned with the
Backward Classes in matters of reservation refers to classes persons other than the members of
the Scheduled Castes & Tribes. Article 340 & 341 of the Constitution which provides that the
President has been expressly authorised to limit the notification to parts or groups of castes
within the castes. SC & ST or depressed classes belong to the low castes who are also treated as
untouchables by virtue of belonging to the Shudra segment of Hindu Society. The Hindu society
was based on caste system namely Brahmins, Kshatriyas, Vaishyas & Shudras. The low castes
like Shudras cannot claim the privileges of Upper Castes. Dr. Hutton, the Census Commissioner
in his Report in 1931, acted on the basis of some assumptions & held the view that a person
could be included in the category of SC or ST if he / she

1. Could not serve clean Brahmins.

2. Was a water-carrier, barber, tailor etc & could not serve caste Hindus.

2
3. Polluted a High Caste Hindu by contract or by proximity.

4. From whose hands a Caste Hindu would not take water.

5. Was debarred from using public conveniences as ferries, roads, wells, schools, etc.

6. Was debarred from entry into Hindu Temple.

7. Even after receiving education, in ordinary special intercourse was not treated as equal by the
high caste persons.

8. was merely depressed on account of his own ignorance, illiteracy & poverty & but for that
remained subject to social disability.

9. was depressed on account of the occupation followed & but for that occupation could be
subject to social disability.

It is clear, therefore, that Presidents order shall specify the list of castes included in this
category & any other caste may be included in it if sufficient evidence is produced in its favour.
But the presidential notification is not open to Judicial scrutiny. A person belonging to
Scheduled Caste must be either a Hindu or a Sikh. Thus, the reservation privilege is not available
to the Christians, Muslims, Buddhists, Parsis etc.

BACKWARD CLASS COMMISSIONS :

The prescribed of India, acting under Article 340 of the Constitution appointed the following
Backward Class commissions.

1. Kaka Saheb Kalelkar commission 1953.

2. Dr. Naganna Gowda committee 1960 (Mysore).

3. Kumara Pillai Commission 1964 (Kerala).

4. Sattanathan commission 1969 (Tamil Nadu).

5. Damodaran Commission 1967 (Kerala).

6. Mandal commission 1978.

3
SPECIAL PROVISIONS FOR ADVANCEMENT OF BACKWARD CLASSES

PROTECTIVE DISCRIMINATION: Articles 14 to 16 of the Constitution guarantee the right to

equality to every citizen of India. Article 14 embodies the general principles of equality
expressed in the preamble. Articles 15 & 16 laid down specific application of the General Rules
laid down in Article 14.

Article 14: The State shall not deny to any person equality before the law or equal protection of
laws within the territory of India. The concept of equality doesnt mean absolute equality
among human beings, which is physically not possible to achieve. It is a concept implying
absence of any special privilege by reason of birth, creed or the like in favor of any individual &
also the equal subject of all individuals & classes to the ordinary law of the land. The Concept
Equality before the Law derived from English Rule of Law. Equality before the law means like
should be treated alike. Among equals the law should be equal & should be equally
administered. The protection of Article 14 extends both citizens & non-citizens & to natural
persons as well as legal persons.

ARTICLE 15 : The guarantee under Article 15 is available to citizens only & not to every
person whether Citizen or non-citizen as under Article 14, Article 15(1) direct the State not to
discriminate against a citizen on grounds only of religion, race, caste, sex or place of birth or any
of them. Article 15(2) prohibits both state & private individual, on the grounds only of religion,
race, caste, sex or place of birth or any of them with regard to (a) access to shops, public
restaurants, hotels & places public entertainment, or (b) the use of wells, tanks, baths, roads &
places of public resort. The object of Art 15(2) is to eradicate the social evils of caste system.
Clause (4) of Article 15 was not found the original constitution of India. It was introduced into
the constitution by the constitution (First Amendment) Act, 1951, to get over the difficulties
created by the decision of the Supreme Court in State of Madras Vs- Champakam Dorairajan
(AIR 1951 SC 226) Prior to the commencement of the constitution of India, Government of
Madras issued a communal G.O. regulating admission to professional colleges, Medical &
engineering Colleges on the basis of religion, caste, race set forth in the said communal order. It
reserved the seats on the basis of Brahmins & Non- Brahmins, backward, Hindus, Muslims etc.
Two Brahmin students who could not get admission despite then merit, challenged the
communal G.O. as being violative of their fundamental rights guaranteed under Article 15(1) &

4
29(2) of the constitution. The decision in Champakam Dorairajan case caused a political
agitation in the South. The decision also gave a clue as to what should be done to enable the
State to help the backward classes of citizens to get admission in educational institutions. So the
Constitution (First Amendment) Act, 1951 introduced clause (4) to Article 15 to enable the State
to make special provisions for the Backward classes in matters of admission. Article 46 under
Directive Principles of State Policy also supported to enact the first amendment which directs the
Sate for the promotion of education & economic interest of SC & ST & Other weaker sections.

The class contemplated under the clause must be both Socially & Educationally backward. In
Balaji Vs- State of Mysore (AIR 1963 SC 649) the Mysore Government issued an order Under
Article 15(4) reserving seats in the Medical & Engineering Colleges in the State as Backward
classes & more backward classes & SC/ST, total reservation amounts to 68% & 32% was made
available to merited students. The court held that subclassification made by the order between
backward classes & more backward classes was not Justified under Article 15(4).

Though caste may be a relevant fact but it cannot be the sole test for ascertaining whether a
particular class is a backward class or not. Poverty, occupation place of habilation may all be
relevant factors to be taken into consideration. Further SC & ST has been defined in Sub-
Clauses (24) & (25) of Article 366 of the Constitution.

But in the historic Judgment Indra Sawhney Vs- Union of India (The Mandal Case AIR 1993
SC 477) the supreme court held that sub classification of backward classes into backward &
more backward classes can be done the purpose of Article 16 (4) reservation in public
employment.

Article 16: 1. There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.

2. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence
or any of them, be ineligible for, or discriminated against in respect of nay employment or office
under the state.

3. Nothing in this Article shall prevent parliament from making any law prescribing, in regard to
a class or classes of employment or appointment to an office [Under the Government of or any

5
local or other authority within, a state or union territory, any requirement as to residence with in
that State or Union Territory] prior to such employment or appointment.

4. Nothing in this Article shall prevent the state from making any provision for the reservation of
appointments or posts in favour of any backward class of citizens which, in the opinion of the
State, is not adequately re[presented in the services under the State. (4-A) Nothing in this Article
shall prevent the State from making any provision for reservation in matters of promotion to any
class or classes of posts in the services under the State in favour of the SC and the ST which in
the opinion of the State, are not adequately represented in the services under the State

(added by 77th amendment 1995).

5. Noting in this Article shall affect the operation of any law which provides that the incumbent
of an office in connection with the affairs of any religions or denominational institution or any
member of the governing body thereof shall be a person professing a particular religion or
belonging to a particular denomination.

Article 16 is an instance of the application of the general rule of equality before law laid down in
Article 14 and of the prohibition of discrimination in Article 15(1) with respect to the
opportunity for employment or appointment to any officer under the state. Article 16(3) is an
exception to clause (2) of this Article which forbids discrimination on the ground of Residence.
This Article empowers parliament to regulate by the law the extent to which it would be
permissible for a state to depart from the above principle. It provides that no one will be
disqualified on the ground one is not the resident of a particular state. Article 16(4) is the second
exception to the general rule embodied in Articles 16(1) & (2). It empowers the State to make
special provision for the reservation of appointments of posts in favor of any backward class of
citizens. Article 16 (4) applies only if two conditions are satisfied.

1. The class of citizens is backward; and

2. the said class is not adequately represented in the services of the State.

The second test cannot be the sole criteria. Article 16(4) must be interpreted in the light of
Article 335 which says that the claims of SC & ST shall be taken into consideration consistently

6
with the maintenance of efficiency of administration. The reservations for backward classes
should not be unreasonable.

In Balaji Vs- State of Mysore (AIR 1963 SC 649) the total reservation for backward classes
cannot more than 50%. In Devadason Vs- Union of India (AIR 1964 SC 179) the Supreme
Court held that Carry forward rule framed by the Government to regulate appointment of
persons of backward classes in Government service & reservation upto 68% held be to
unconstitutional.

In State of Kerala Vs- N.M. Thomas (1976 SC 490) also reservation exceed 50%, the Supreme
Court held to be constitutional.

In ABSK Sangh (Railway)-Vs- Union of India (AIR 1981 SC 298) by following the carry
forward rule the reservation came to about 64.4%. The court held that it was excessive. In K.C.
Vasanth Kumar Vs- State of Karnataka (AIR 1985 SC 1495) the Supreme Court has issued
guidelines to be followed in matter of reservation. In Indra Sawhney-Vs-Union of India (AIR
1993 SC 477) the Supreme Court held that the carry forward rule is valid so long it does not in
a particular year exceed 50% vacancies. The total reservation shall not exceed 50%.

Looking into the developments form 1963 Balaji case to Mandal Case the reservation quota has
been increased from 50% to 77%. But the Supreme Court in Mandal Case decided that the total
reservation should not exceed 50%, which has been followed in Balaji case.

7
Majority Rule and Minority Rights

All democracies are systems in which citizens freely make political decisions by majority rule. In
the words of American essayist E.B. White: Democracy is the recurrent suspicion that more than
half the people are right more than half the time. But majority rule, by itself, is not automatically
democratic. No one, for example, would call a system fair or just that permitted 51 percent of the
population to oppress the remaining 49 percent in the name of the majority. In a democratic
society, majority rule must be coupled with guarantees of individual human rights that, in turn,
serve to protect the rights of minorities and dissenters - whether ethnic, religious, or simply the
losers in political debate. The rights of minorities do not depend upon the good will of the
majority and cannot be eliminated by majority vote. The rights of minorities are protected
because democratic laws and institutions protect the rights of all citizens. Minorities need to trust
the government to protect their rights and safety. Once this is accomplished, such groups can
participate in, and contribute to their country s democratic institutions. The principle of majority
rule and minority rights characterizes all modern democracies, no matter how varied in history,
culture, population, and economy.

Pluralism and Democratic Society

In a democracy, government is only one thread in the social fabric of many and varied public and
private institutions, legal forums, political parties, organizations,

Characteristics of Democracy

An educated citizenry is the best guarantee for a thriving democracy. Tolerance and cooperation
build democracy. and associations. This diversity is called pluralism, and it assumes that the
many organized groups and institutions in a democratic society do not depend upon government
for their existence, legitimacy, or authority. Most democratic societies have thousands of private
organizations, some local, some national. Many of them serve a mediating role between
individuals and society s complex social and governmental institutions, filling roles not given to
the government and offering individuals opportunities to become part of their society without
being in government. In an authoritarian society, virtually all such organizations would be

8
controlled, licensed, watched, or otherwise accountable to the government. In a democracy, the
powers of the government are, by law, clearly defined and sharply limited. As a result, private
organizations are largely free of government control. In this busy private realm of democratic
society, citizens can explore the possibilities of peaceful self-fulfillment and the responsibilities
of belonging to a community - free of the potentially heavy hand of the state or the demand that
they adhere to views held by those with influence or power, or by the majority.

9
Constitutional provision for reserved constituencies

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;

(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 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 or Union territory in the House of the People as
the population of the Scheduled Castes in the State or Union territory or of the Scheduled
Tribes in the State or Union territory or part of the State or Union territory, as the case may
be, in respect of which seats are so reserved, bears to the total population of the State or
Union territory.

(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.

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 2026 have been published, be construed as a reference to the 2001 census.

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

10
Scheduled Tribes, except the Scheduled Tribes in the autonomous districts of Assam, in the
Legislative Assembly of every State.

(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.
(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 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,
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; 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.
(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 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.

11
 (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.
(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:

Provided that for elections to the Legislative Assembly of the State of 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.

334. Reservation of seats and special representation to cease after sixty years.
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,

shall cease to have effect on the expiration of a period of sixty years 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.

12
Selecting the Reserved Seats

The Delimitation Commission, formed by the Election Commission of India, is given the task of
redrawing all political boundaries as well as selecting which seats are to be reserved. This was
originally meant to happen after every decennial census, so that the size of political
constituencies could be adjusted to the population growth. The idea was also that the imbalance
created by reserving certain seats for a minority group (SCs are almost always a minority in
reserved seats) would be evened out by rotating the location of the reserved seats. The population
in all political constituencies was supposed to be the same across the country. But it was growing
much faster in some states than in others, and thus a decennial delimitation would slowly
increase the political representation in places with higher growth rates. The government,
therefore, chose to freeze the boundaries of the political constituencies, and, with it, the
geographic location of the reserved seats. The result was that political constituencies remained
the same from 1974 to 2008).

According to the Delimitation Act of 1972, which formed the basis for delimitation in the 1970's,
there were two selection criteria: Constituencies in which seats are reserved for the Scheduled
Castes shall be distributed in different parts of the State and located, as far as practicable, in
those areas where the proportion of their population to the total is comparatively large. The
result of this selection process was that the proportion of SCs living in reserved parliamentary
constituencies from 1976 to 2008 ranged from 4% to 37%, while there were also general (regular
or non-reserved) constituencies where SCs constituted up to 36% of the population.

13
Conclusion

Democracy means government of the people, by the people, for the people. Idea becomes
literally possible when there is participation of all the people inhabiting in the region. In
countries like India which is known for its diversity not only in terms food, language, custom,
culture etc but also in terms of caste and creed, the definition will fall, if certain special
provisions are not made. In India the economically and socially incapable people are those who
were oppressed since very long. They are therefore also politically backward. To attain the
principle of equality special provisions are made for them to being them at par with other
sections of the society. As provided in part 16 of the constitution of India.

14