The Constitution of India
Article 335
Claims of Scheduled Castes and Scheduled Tribes to services and posts
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:
Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.
Why this exists
Article 335 was included by the Constitution's framers to recognize that Scheduled Castes and Scheduled Tribes had historically been excluded from government jobs due to caste discrimination, and their claims to public employment deserved consideration. At the same time, the framers added the phrase 'consistently with the maintenance of efficiency of administration' as a check, reflecting debates in the Constituent Assembly about balancing social justice with administrative competence. The proviso allowing relaxed marks and reserved promotions was added later by constitutional amendment (86th Amendment-era changes, following judicial rulings) to clarify that reservation in promotions was constitutionally permitted despite the 'efficiency' language.
How courts read it
In Indra Sawhney v. Union of India (1992), the Supreme Court held that Article 16(4) allowed reservations in initial appointments but was more cautious about promotions, reading Article 335's efficiency clause as a limiting factor. This led to uncertainty about reservation in promotions. Parliament responded with constitutional amendments (77th, 81st, 82nd, 85th) inserting Articles 16(4A) and 16(4B), and amending Article 335 itself to add the proviso permitting relaxed marks and reservation in promotions explicitly. Later, in M. Nagaraj v. Union of India (2006), the Court upheld these amendments but required that reservations in promotion satisfy conditions like backwardness, inadequate representation, and maintenance of efficiency — keeping Article 335's efficiency principle alive as a constitutional check. Jarnail Singh v. Lachhmi Narain Gupta (2018) later softened some of these conditions, particularly on proving backwardness for SC/STs.
Common misconceptions
- Myth: Article 335 itself creates reservation for SC/STs in government jobs.
Fact: Article 335 doesn't create reservations; that comes from Articles 16(4) and 16(4A). Article 335 just says SC/ST claims must be considered along with efficiency, and its proviso permits (but doesn't mandate) relaxed marks or promotion reservations. - Myth: The 'efficiency of administration' clause bans reservation in promotions.
Fact: Courts and constitutional amendments clarified that reservation in promotions is allowed; the efficiency clause is a factor courts consider (per Nagaraj), not an outright bar (and even that requirement was eased in Jarnail Singh for SC/STs).