Article 339 and Article 340 of the Constitution of India
Articles 339 and 340 form part of Part XVI of the Constitution of India, which contains special provisions relating to certain classes. Article 339 concerns Union oversight of the administration of Scheduled Areas and the welfare of Scheduled Tribes. Article 340 empowers the President to appoint a commission to investigate the conditions of socially and educationally backward classes.
Article 339: Control of the Union over Scheduled Areas and Scheduled Tribes welfare
Article 339 provides a constitutional mechanism for reviewing the administration of Scheduled Areas and the welfare of Scheduled Tribes and also gives the Union authority to issue certain welfare-related directions to States.
Article 339(1)
The President may appoint a Commission at any time to report on the administration of Scheduled Areas and the welfare of Scheduled Tribes in the States. The Constitution also required such a Commission to be appointed at the expiration of ten years from the commencement of the Constitution. The Presidential order may specify the Commission's composition, powers and procedure and may include incidental or ancillary provisions considered necessary or desirable.
Article 339(2)
The executive power of the Union extends to giving directions to a State regarding the preparation and implementation of schemes specified in the direction as essential for the welfare of Scheduled Tribes in that State.
Article 340: Commission to investigate conditions of backward classes
Article 340 authorises the President to appoint a Commission to investigate the conditions of socially and educationally backward classes in India, examine the difficulties faced by them and recommend measures for improving their condition.
Article 340(1)
The President may appoint a Commission consisting of such persons as the President thinks fit. The Commission may investigate the conditions of socially and educationally backward classes, the difficulties under which they labour, measures that the Union or a State should take to remove those difficulties and improve their condition, and grants that may be made for those purposes together with the conditions governing such grants. The appointing order defines the procedure to be followed by the Commission.
Article 340(2)
The Commission investigates the matters referred to it and presents a report to the President setting out the facts found and the recommendations it considers appropriate.
Article 340(3)
The President must cause the Commission's report, together with a memorandum explaining the action taken on it, to be laid before each House of Parliament.
Meaning and scope of Articles 339 and 340
Article 339 is specifically directed to Scheduled Areas and the welfare of Scheduled Tribes. It combines a power to appoint a reviewing Commission with the Union's constitutional authority to give States directions concerning schemes considered essential for Scheduled Tribe welfare.
Article 340 deals with socially and educationally backward classes. Its principal mechanism is a Presidential Commission that investigates conditions and difficulties and recommends remedial steps and grants. The Commission reports to the President, and the report and action-taken memorandum are placed before both Houses of Parliament.
Related constitutional provisions: Readers studying these provisions may also refer to Articles 337 and 338 and Articles 341 and 342. The Constitution also presently contains Article 338A concerning the National Commission for Scheduled Tribes, Article 338B concerning the National Commission for Backward Classes, and Article 342A concerning socially and educationally backward classes.
Difference between Article 339 and Article 340
Article 339 focuses on Scheduled Areas and Scheduled Tribe welfare, including Union directions to States for specified welfare schemes. Article 340 focuses on investigation by a Presidential Commission into the conditions and difficulties of socially and educationally backward classes and on recommendations for remedial action.
Official text and legal reference
For authoritative constitutional text and amendments, consult the official publications of the Legislative Department, Ministry of Law and Justice, Government of India, and India Code. The constitutional text should prevail if there is any difference between a summary on this page and the official publication.