article 340 of indian constitution by isha jain @lexcliq

Article -340 of the Constitution of India:

340. Appointment of a commission to investigate the conditions of Other Backward Classes: (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. (2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper. (3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament. It is necessary for the government of India to promote the well-being of the OBC’s, as mentioned under Constitution of India Article 340. To investigate and look into the conditions of the economically and socially backward classes withing the territory of India and the status of difficulties under which the backward classes are going through, to make recommendations as to the steps that must be taken to remove such difficulties and to make improvements in their conditions and as to the grants that should be made, the president may by order appoint a commission comprising of such individuals or officers that he thinks might be fit to do so, and the order of appointing such commission shall define the procedure to be followed by the commission. The commission that is so appointed by the president in this regard, shall be investigating on the matters that are related to them and present to the president a report setting out the facts as found out by the members of the committee and making such recommendation as they think is proper.

As per this article, it was attempted to grant 52% representation to the OBC’s. But congress raised questions regarding the same through Sardar Vallabhbhai Patel who himself was an OBC. About who are OBC’s and where did they come from as OBC’s weren’t identified as the were although the SC’s and ST’s were identified. Here, the thing that needs to be kept in mind is that A-340 is in the Constitution of India prior to the A-341 and A-342, meaning it is prior to the reservations of SC and ST. this means prior to himself Dr. Ambedkar gave priority to the people of OBC’S. Understanding of the Constitution of India is different from reading of the Constitution.

Who are OBC’S?”

People of OBC’s are from shudra community. The real problem is that the people of Shudra community are not aware that they are from such a community. B.R Ambedkar bought up this provision of Article 340 and showed it Sardar Patel. Dr. Ambedkar understood that the opposition he had been facing was from congress and their leaders and not from Sardar Patel.

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