Article 332

Article 332 of the Constitution of India provides for the reservation of seats for the Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Legislative Assemblies of every State. This provision was introduced to ensure adequate political representation of historically disadvantaged groups within the framework of Indian democracy. The article represents a cornerstone of the Indian policy of affirmative action, extending constitutional protection and political inclusion to communities that had been socially and economically marginalised.

Constitutional Framework

Under Article 332, seats are reserved for the SCs and STs in proportion to their population in each State. This ensures that the elected Legislative Assemblies reflect the diversity of Indian society and that members of these communities have an effective voice in the formulation of state policies and legislation.
The provision applies exclusively to Legislative Assemblies, not to Legislative Councils, and is designed for direct elections. The reservation does not alter the total number of seats in a State Assembly but earmarks certain constituencies for candidates belonging to the Scheduled Castes or Scheduled Tribes.

Exceptions and Special Provisions for Assam

Article 332 contains special provisions relating to the State of Assam, recognising its unique demographic composition and the presence of autonomous districts inhabited by Scheduled Tribes.

• Clause (1) excludes Scheduled Tribes in the autonomous districts of Assam from the general reservation applicable to other States.
• Clause (2) provides for separate reservation of seats for these autonomous districts in the Legislative Assembly of Assam.
• The Governor of Assam is empowered to make rules concerning the formation of autonomous district constituencies and the reservation of seats for Scheduled Tribes within them.

These provisions reflect the constitutional recognition of the tribal diversity in the North-Eastern region and the need for tailored representation mechanisms to preserve the rights and autonomy of local populations.

Determination of Reserved Seats

The number of seats reserved for SCs and STs in a State Assembly must, as nearly as possible, correspond to their proportion in the State’s population. This ratio is determined on the basis of the latest census data.
The Delimitation Commission, an independent body established under the Delimitation Acts, is responsible for determining:

• The total number of reserved constituencies; and
• Their geographical distribution across the State.

Furthermore, the President of India, in consultation with the Election Commission, finalises the allocation of constituencies reserved for Scheduled Castes and Scheduled Tribes. This process ensures that the reservation system remains dynamic, equitable, and aligned with demographic realities.

Nature and Duration of Reservation

The reservation under Article 332 was never intended to be a permanent feature. When the Constitution came into effect in 1950, the provision was meant to last for ten years, in line with similar reservations in the Lok Sabha under Article 330. However, recognising the continued socio-economic disadvantages faced by these communities, Parliament has extended this reservation multiple times through constitutional amendments.
Key aspects include:

• The reservation applies only to direct elections to State Legislative Assemblies.
• The total strength of the Assembly remains unchanged; only the composition of candidates from reserved constituencies is affected.
• The 104th Constitutional Amendment Act, 2019, extended the reservation for SCs and STs in both the Lok Sabha and State Legislative Assemblies till 25 January 2030.

This periodic renewal of reservation underscores the continuing constitutional commitment to achieving substantive equality.

Amendments and Changes

Article 332 has undergone several amendments to accommodate changing political and demographic realities:

• The 27th Amendment Act, 1971, expanded the provision to include reservation for Scheduled Tribes in Nagaland, Meghalaya, and Mizoram, recognising the distinctive tribal populations of these newly formed States.
• The 104th Amendment Act, 2019, extended the duration of reservation for SCs and STs while discontinuing the special representation of the Anglo-Indian community, thereby marking a clear distinction between community representation and caste-based reservation.

Parliament retains the power, under Articles 327 and 329, to modify the number or distribution of reserved seats by law, particularly following each national census.

Judicial Interpretations

The judiciary has played a significant role in clarifying the scope and intent of Article 332 and related provisions:

• In K. Krishna Murthy v. Union of India (2010), the Supreme Court reaffirmed that reservation of seats for SCs and STs constitutes a legitimate form of affirmative action, consistent with the constitutional principle of equality.
• In Indra Sawhney v. Union of India (1992), the Court differentiated between political reservation and reservation in public employment or education, asserting that the former is a political safeguard rather than a welfare measure.
• In State of Uttar Pradesh v. Dr. Dina Nath Shukla (1997), it was held that the proportion of reserved seats must be determined strictly on the basis of the latest available census data.
• In Nagaraj v. Union of India (2006), the Court emphasised that political reservation is a constitutional mandate and is not subject to the 50% cap on reservations applicable to employment and education.

Through these rulings, the Supreme Court has upheld the constitutional legitimacy of Article 332 as a necessary instrument of representative democracy.

Implementation and Operational Aspects

The operation of Article 332 is intricately linked to the process of delimitation, which occurs periodically to ensure fair representation. Each reserved constituency is notified prior to elections, and only candidates belonging to the designated community may contest from such constituencies.
Reserved seats do not limit the electorate; all eligible voters in the constituency, irrespective of caste or community, may vote for candidates. This ensures that while certain constituencies are reserved for candidates, the democratic principles of universal adult franchise and political equality are fully maintained.

Scope and Limitations

Article 332 applies exclusively to States and does not automatically extend to Union Territories, unless specific legislation provides otherwise. For example, Union Territories with Legislative Assemblies, such as Delhi and Puducherry, do not have reservation for SCs and STs under Article 332 unless Parliament enacts enabling provisions.
The provision’s intent is not to create political fragmentation but to foster inclusive governance, ensuring that marginalised communities have both representation and participation in the democratic process.

Significance of Article 332

Article 332 exemplifies the Indian Constitution’s commitment to social justice, equality, and inclusiveness. By ensuring political representation for Scheduled Castes and Scheduled Tribes in State Legislatures, it bridges the historical gap between the marginalised and the mainstream.