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Anglo-Indian Reservation Debate

The document discusses the reservation of seats for the Anglo-Indian community in Parliament and state legislatures in India. Under Article 331 of the Indian Constitution, the President and state governors are authorized to nominate up to 2 and 1 members respectively from the Anglo-Indian community if none are elected. However, Article 334 states that these provisions will expire in January 2020 unless extended. While some argue this unfairly singles out a small minority community, the government justifies the change citing census data showing very few Anglo-Indians remain and that the original aim of protecting the community has been achieved as they have integrated into the wider Indian population over 70 years. The Delhi High Court agreed the provisions were always intended to be temporary to facilitate integration

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UPASANA GARG
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110 views2 pages

Anglo-Indian Reservation Debate

The document discusses the reservation of seats for the Anglo-Indian community in Parliament and state legislatures in India. Under Article 331 of the Indian Constitution, the President and state governors are authorized to nominate up to 2 and 1 members respectively from the Anglo-Indian community if none are elected. However, Article 334 states that these provisions will expire in January 2020 unless extended. While some argue this unfairly singles out a small minority community, the government justifies the change citing census data showing very few Anglo-Indians remain and that the original aim of protecting the community has been achieved as they have integrated into the wider Indian population over 70 years. The Delhi High Court agreed the provisions were always intended to be temporary to facilitate integration

Uploaded by

UPASANA GARG
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Q. Discuss the need and consequences of the repealing of reservation of Anglo Indian ?

A. the idea of Anglo Indian nominations is traced to Frank Anthony, who headed the All-India
Anglo-Indian Association. Article 331 was added in the Constitution following his suggestion to
Jawaharlal Nehru.
Meaning of Anglo Indians in India:

The term Anglo Indian is defined as per the article 366 (2) of the Indian constitution; “a person
whose father or any of whose other male progenitors in the male line is or was of European
descent but who is a native of India.”

Anglo Indians in Parliament and Legislative Assemblies:

 Under article 331; the President of India is authorised to nominate 2 members of the Anglo


Indian communityif know member of this community is elected among the 543 members for
the Lok Sabha.
 In the same way the governor of the state is authorised to nominate 1 Anglo Indian in the
lower house of the State Legislature (in case of under representation).
 According to the 10th schedule of the Constitution, any Anglo-Indian member can take the
membership of any party within 6 months of the nomination. After the membership; they
are bound to the party whip and they have to work in the house according to the party’s
agenda.

Constitutional Provisions:

Article 334 has laid down provisions for reserving the seats for SCs and STs and nomination of
Anglo-Indians to Lok Sabha and state Assemblies, which shall cease to be in effect on the 25
January 2020, if not extended further.

Arguments against amendment

  one particular community cannot be singled out because it is a “microscopic minority”


 The Constitution has to keep in mind the safeguards for the weakest people.
 Without any investigation or evidence, the amendment terminated the nomination
process unilaterally and unfairly.
 As a result, the entire community would be "permanently removed" from
effective representational democracy.

How has the centre justified its stand on the removal of this provision?

 The community has merged within the Indian population with time. Besides, the constitutional
scheme itself is that they are for a limited period of time. It cannot continue indefinitely.
 the amendment in law is based on the Census, which recorded only 296 Anglo-Indians in India.
  the case of Anglo-Indians cannot be compared with Scheduled Caste (SC) and Scheduled
Tribes (ST) communities.
 “They (Anglo-Indians) are all urbanised. Where is the backwardness that they compare
themselves to the SC/ST,” Sharma submitted. He said that in the case of SC/ST communities,
there is “social backwardness, stigmatic backwardness”, and because of that the period of
reservation for them was extended.

The Delhi High Court observed


 that 70-80 years since then, the objective stands achieved
 that the provision for Anglo-Indian representation by nomination in Lok Sabha was
introduced to give community members assurance that they would be protected and heard
when they returned.
 the community has merged within the Indian population with time 
 There is no bar against any Anglo-Indian from intertwining with the whole community and
emerging as a leader
 The point is that these reservation in the constitutional scheme itself is that they are for a
limited period of time. It cannot go on in perpetuity,”. “If we are to continue with these
kinds of provisions, then where is the integration happening in the society?”

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