Article 335

Article 335 of the Constitution of India establishes a crucial balance between social justice and administrative efficiency. It ensures that the claims of Scheduled Castes (SCs) and Scheduled Tribes (STs) are duly considered in appointments to services and posts under the Union and State governments, while at the same time emphasising that the efficiency of administration must not be compromised. The provision reflects the Indian Constitution’s dual commitment to equality of opportunity and the upliftment of historically disadvantaged communities.

Constitutional Provision and Objective

The text of Article 335 states that:

“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.”

This constitutional mandate serves two interrelated purposes:

1. To ensure that SCs and STs are provided fair opportunities in public employment as a means of achieving socio-economic equality.
2. To preserve the efficiency and integrity of the public service, which is vital to good governance and the functioning of the State.

The provision was framed as a guiding principle, requiring the State to consider the claims of these communities in appointments without compromising merit and efficiency. Over the years, constitutional amendments and judicial interpretations have expanded its scope to include aspects such as relaxation of standards and reservation in promotions.

Evolution and Development

Initially, Article 335 did not explicitly mention relaxation in qualifying marks or standards for SC/ST candidates. However, the 77th Constitutional Amendment Act, 1995, and the 82nd Constitutional Amendment Act, 2000, modified related provisions to provide for reservation in promotions and relaxation of qualifying marks for members of these communities. These amendments were introduced to make affirmative action more effective and to address continuing inequalities in representation across higher echelons of the civil services.
The proviso added by the 82nd Amendment explicitly authorises the State to make provisions for relaxation in qualifying marks and standards of evaluation for SCs and STs, acknowledging that identical standards may not achieve substantive equality.

Relationship with Other Constitutional Provisions

Article 335 functions in conjunction with several other constitutional articles that collectively ensure the protection and advancement of Scheduled Castes and Scheduled Tribes:

• Article 16(4): Permits reservations in public employment for backward classes, including SCs and STs, which the State considers inadequately represented.
• Article 16(4A): Allows reservation in promotions for SCs and STs.
• Article 46: Directs the State to promote the educational and economic interests of these communities and protect them from social injustice and exploitation.
• Article 17: Abolishes untouchability, laying the moral foundation for equality and non-discrimination.

Together, these provisions reflect the constitutional vision of combining affirmative action with merit-based governance.

Judicial Interpretations

Over the decades, the Supreme Court of India has elaborated on the meaning and application of Article 335 in several landmark judgments. These interpretations have helped define the boundaries between reservation policy and administrative efficiency.

• Indra Sawhney v. Union of India (1992): The Court upheld the principle of reservations but held that efficiency of administration must remain a key consideration. It also clarified that reservation in promotions was not originally contemplated under Article 16(4), prompting subsequent constitutional amendments to enable it.
• M. Nagaraj v. Union of India (2006): The Court upheld the constitutional validity of reservations in promotions but laid down specific conditions. It ruled that the State must demonstrate with quantifiable data the backwardness of SCs and STs, their inadequate representation, and that such reservations do not undermine efficiency.
• Jarnail Singh v. Lachhmi Narain Gupta (2018): This judgment reaffirmed the principles laid down in M. Nagaraj but removed the requirement to prove backwardness for SCs and STs, recognising them as constitutionally defined classes. However, it maintained that administrative efficiency must still be considered while implementing promotional reservations.

These judicial pronouncements collectively ensure that Article 335 functions as a constitutional check, balancing social equity with the need for effective governance.

Implementation and Administrative Practice

Article 335 influences the recruitment policies, promotion criteria, and service regulations across various levels of government employment. Key features of its implementation include:

• Reservation in initial appointments: Both Union and State governments reserve a percentage of posts for SCs and STs, proportionate to their population.
• Relaxation in qualifying standards: SC/ST candidates may be given lower qualifying marks or age relaxations in competitive examinations to enhance accessibility.
• Reservation in promotions: Certain categories of government posts provide for promotional quotas, particularly where representation remains low.
• Training and skill development schemes: The government operates programmes to enhance the educational and professional competence of SC/ST employees, thereby aligning representation with administrative efficiency.

The Department of Personnel and Training (DoPT) issues periodic instructions to ensure compliance with these provisions and to maintain transparency in recruitment and promotions.

Legislative and Policy Framework

In addition to Article 335, several legislative measures support the representation and welfare of Scheduled Castes and Scheduled Tribes:

• The Constitution (Scheduled Castes) Order, 1950, and The Constitution (Scheduled Tribes) Order, 1950, officially identify the communities entitled to constitutional benefits.
• The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, safeguards members of these communities from discrimination, violence, and social exclusion.
• Reservation Acts and Service Rules framed by the Central and State governments operationalise the reservation system in public employment and promotions.

These instruments work collectively to translate constitutional intent into administrative practice.

Challenges and Criticism

Despite its progressive intent, the implementation of Article 335 faces several practical and conceptual challenges:

• Balancing efficiency and equity: Critics argue that excessive relaxation of standards might affect the performance of administrative institutions, while supporters emphasise that equality cannot be achieved without affirmative measures.
• Unequal distribution of benefits: Studies indicate that a section of the SC/ST population has benefited disproportionately from reservations, while the poorest and most marginalised remain underrepresented.
• Data and justification: Following judicial directives, governments are required to produce quantifiable data on backwardness and representation before extending reservations in promotions, which often delays implementation.

The debate continues on how best to harmonise the objectives of social justice and administrative competence.

Significance and Contemporary Relevance

Article 335 remains a cornerstone of India’s affirmative action framework. It encapsulates the constitutional philosophy of balanced representation, ensuring that no community is excluded from public service while maintaining the professional standards necessary for effective administration.