Impact of 102nd Amendment on Article 340

If we see the 102 amendment the most ignored part of the amendment is the amendment in sub clause 10 of article 338. Which has brought the drastic changes in the way report in respect of socially and educationally backward classes under article 340 is going to be implemented. The provision in respect of implementation of the report under article 338 sub clause 10 is nullified by the 102nd amendment thereby making the article 340 redundant. While everybody discuss or speaks about the amendment in article 342A, the amendment in article 366 (26) (c) and article 338 B. Amendment under Article 338(10) remained one of the most ignored amendment.

Let us see the provisions under 340(1)- The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.

The purpose of the article 340 is to identify socially and educationally backward classes through the commission appointed for the purpose of union or any State. If such a commission is appointed and commission gathers quantifiable data in respect of backwardness of socially and educationally classes the report is required to be submitted to the Union government as per the provision under 338(10).

Let us see the article 338(10) - In this article, references to the Scheduled Castes shall be construed as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also to the Anglo-Indian community.

Now let's see the amendment In article 338 of the Constitution, in clause (10), the words, brackets and figures "to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340, by order specify and also" shall be omitted.

Earlier to the 102nd amendment, the report under article 340(1) would have been considered by the commission under article 338(10) for the inclusion of particular class in the the schedule caste list but now since the the words in respect of report under article 340 (1) are deleted by 102nd amendment. No report under article 340(1) can be implemented due to the deletion of the above specified words under article 338 subclass 10.

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