Backward Classes of Citizens, Educational Institution, Scheduled Castes,
Scheduled Tribes

An Act to provide for. reservatio~toj seals ill e(it1c~lti017~1 i~istiti~tlonsin tile State
and 01appointments or posts ill tlre services ttcnder the State ,for the Backward Classes
of citizens and for persons belonging to rlze Sclicduled Castes and tlze Scheduled Tribes
in the State of Tamil Nndrr.
WHEREAS the policy of reservation for the social, economic and educational
advancement of the people belonging to Backward Classes of citizens in admissions to
educational institutions in the State and for appointments in the services under the
State has been under implementation in the State of Tamil Nadu for a long time ;
AND WHEREAS the State of Tamil Nadu is a pioneer State in providing
kservation for the underpnvilegcd and the first communal Government Order was
passed in the year 1921 and the proportional representation for commuilities was
made in the year 1927 in the State of Tgmil Nadu ;
AND WHEREAS a large percentage of population of Tamil Na.du suffering
from social and educational backwardness for many years have started enjoying the
fruits of the reservation policy and have been able to improve their lot and attain a
higher standard of living ;
AND WHEREAS clause (4) of Article 15 of the Constitution enables the State
to make any special provision for the advancement of any soc;ally and educationally
Backward Classes of citizens or for the Scheduled Castes and the Scheduled Tribes ;
AND WHEREAS clause (4) of Article 16 of the Constitution enables the State
to make any provision for the reservation of appointments or posts in favour of any
Backward Class of cit~zenswhich, in the opinion of the State, is not adequately
represented in the services under the State ;
.AND WHEREAS under clause (1) of Article 38 of the Constitution, the State
shall strive to pron~otethe nelfare of the people by securing and protecting as
effectively as it may, a social order in which justice, social, economic a~ldpolitical,
shall inform all the institutions of the national life ;

[ 323 1

f~ Group) IV-2 Ex. (368)-1–

,”.$i2 d4: – ,, /*.


.. ._I”- -1- —-CC– AND U’HEREAS under clause (2) of Article 38 of the Constitution, the State *I shall, in particular, strive to minimise the inequalities in Income and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups 01 people residing in different areas or engaged in differentvocations ; AND WYEREAS under clause (b)of Article 39 of the Constitution, the State shall, jn particulal, direct its policy towards securing that the ownership and control cf the material resources of the communit:~are so distributed as best to subserve the . , common good ; I . , ,. , 1 I AND WHEREAS uncier clause (c) of Article 39 oi the Constitutiou, the State shall in particular, direct its policy towards securing that the operation of the . economic system docs not result in tile concentration of wealtl~and means at produc- tion to the c019n1~2getrimen1 I AND WHFPEAS under Article 46 cf the Constitution, the State shail ;~romote, with special care, the educational and economic interests of the weaker sectrcns of the people, znd, in FalricuIar, of the Scheduled Castes and he Scheduled Tribes, and shall Frotect them !ram social lni~isticea~dall torrus of explojtarinll ; AND WHEREAS the represeiltatives of ;he various political parties and socid a forums representing backward classes have requested the State Govqrnment to .. a .
consider all the ramifications of the Supreme Court judgment, dated the 16th day of
November 1992 in I~zdraSauqzney Vs. Union of India (AIR. lC93 SC 477) regarding
reservations under claus’ef(4)of Article 16 of the Constitutio~~~ndtake steps to
protoct their interests adiquately ;

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