CONSTITUTIONAL LAW 304

SUBMITTED BY: ASHI PANDEY

2nd YEAR, 3rd SEMESTER

UID: SF0122013

FACULTY IN CHARGE: DR. HIMANGSHU RANJAN NATH

SUBMITTED ON: 22nd NOVEMEBER, 2023

NATIONAL LAW UNIVERSITY AND JUDICIAL ACADEMY, ASSAM

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DISCONTINUATION OF REPRESENTATION OF ANGLO-INDIANS IN
THE PARLIAMENT AND STATE LEGISLATIVE ASSEMBLIES: AN
ASSESSMENT

TABLE OF CONTENTS

1. INTRODUCTION 3
1.1 LITERATURE REVIEW 3
1.2 AIMS AND OBJECTIVES 4
1.3 SCOPE AND LIMITATIONS 4
1.4 RESEACH QUESTIONS 4
1.5 RESEARCH METHODOLOGY 4
2. DEFINITION OF ANGLO INDIANS 6
3. BEGINNING OF THE RESERVATION OF NOMINATION OF
ANGLO INDIANS TO THE PARLIAMENT AND STATE
8
LEGISLATIVE BODIES
4. DISCONTINUATION OF THE RESERVATION OF ANGLO
INDIANS FROM PARLIAMENT AND STATE LEGISLATIVE
13
BODIES
15
5. CONCLUSION
16
6. REFERENCES

pg. 2
Introduction

This project is specifically centred around providing an assessment on the discontinuation of

the reservation of the nomination of Anglo-Indians in parliament and state legislatures. This
project will begin by laying down the history of Anglo-Indians or how they came to became
as Anglo-Indians wherein it will be discussed how they finally got defined in the Government
of India Act, 1935 as a person whose father or any of whose other male progenitors in the
male line is or was of European descent but who is domiciled within the territory of India and
is or was born within such territory of parents habitually resident therein and not established
there for temporary purposes only.

Furthermore, it this research paper will dive into the necessary or contextual reason about
why were they given a special status of such sort where they were provided with a reservation
of two seats in the Lok Sabha and a sum total of thirteen seats in the State legislatures.
However, this status was revoked through the Constitutional Amendment Act, 2019 by the
parliament while extending the same reservation for SC’s (Scheduled Caste) and ST’s
(Scheduled Tribes) for 10 years which subsequently sparked a lot of heated debates over such
revocation.

This project is thereby provided as an assessment for such removal of their status which will
provide with reasons specified by the parliament for passing the 126 Amendment Act, 2019.

1.1Literature Review

 All You Need to Know about the 104th Constitutional Amendment Act by Garg
Rachit
This article helped me narrow down a lot of my research by providing me with case
laws and relevant constitutional references made with respect to the Anglo Indians
Community. It gave me a better understanding of all the amendment made to article
330-334 all throughout 70 years and an insight on the concept of reservation as a
whole.

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 Who are the Anglo-Indians and why do they have a quota in Lok Sabha and
some state legislatures? by Sumeet Kaul
This article has been the second most important foundation of my research work as it
provided me with all the statistics with respect to the number of the population of
Anglo Indians and the debate between the Anglo-Indian community and the
parliamentarians. It defined the meaning of Anglo Indians and how they came to be
involved in the parliamentary procedures.

1.2Aims and Objective

Aims
This assignment shall attempt to assess the discontinuation of the reservation of the
nomination Anglo Indians from the Parliament and state legislative bodies.
Objectives
1. To note the history and definition of Anglo Indians constitutionally.
2. To enumerate the beginning of the reservation of the Anglo Indians in the
government.
3. To analyze the story behind the discontinuation of the reservation of the Anglo
Indians in the government.

1.3Scope and Limitations

The project will be limited to providing an analysis behind the discontinuation of the
reservation of the nomination of Anglo Indians in the Parliament and State legislative
bodies.

1.4 Research Questions

1. What is the history and constitutional definition of Anglo Indians?

2. What lead to the beginning of the reservation of the Anglo Indians to the
Government?
3. What were the reasons behind discontinuing the reservation of Anglo Indians to
the Governement?

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1.5Research Methodology

1. Approach to Research: In this project doctrinal research was involved. Doctrinal

Research is a type of research in which secondary sources are used and materials are
collected from libraries, archives, etc. Books, journals, articles, web sources were
used while making this project.
2. Types of Research: Explanatory type of research was used in this project, because
the project topic was not relatively new and unheard of.
3. Sources of Data collection: Secondary source of data collection was used which
involves in collection of data from books, articles, websites, etc. No surveys or case
studies were conducted.

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Definition of Anglo-Indians

The question as to who were Anglo-Indians has been in subject to fluctuation. Until 1911, this
term was interpreted as someone of mixed ethnicity and by 1935 through The Government of
India Act, 1935 this term was defined as “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.”1

The majority of the Anglo-Indian population in India is urban and Christian, and its history
dates back to the first recorded European contact with India in 1498, when Portuguese
explorer Vasco da Gama arrived at Calicut (now Kozhikode) on the Malabar Coast in
southwest India. In order to consolidate Portuguese power, Governor Alfonso de
Albuquerque, who took control of Goa in 1510, urged his compatriots to wed Indian women
during the Portuguese occupation and governance of the surrounding region. Luso-Indians
were the name given to the children of those unions. Luso-Indians amalgamated with the
native Indian populace as the Portuguese progressively relinquished their Indian territories or
otherwise diminished their authority in the area. The descendants of these Luso-Indians are
commonly referred to as Goans nowadays, and they are mostly found in Mumbai, the state of
Goa, and the western coast of India. The Goans and other Luso-Indians remained largely part
of the European cultural heritage and merged with the local mixed British and Indian
community, especially in the larger cities like Mumbai, Madras (now Chennai), and Calcutta
(now Kolkata). It was for this community that the Anglo-Indian ethnic category would
eventually be named.

At the onset of the 17th century British government took control of the Indian administration
and did so till the 20th Century and in that process a lot of British men were inducted who
later on created relations with Indian women and had kids who were called Eurasian or half
caste. They subsequently came under the broad meaning of Anglo-Indians.

During British rule the population of Anglo-Indians was around 3,00,000 and after
independence, which led to the migration of Britishers from India to countries like United
Kingdom, New Zealand, Canada, Australia, and the United States the population decreased

1
Anglo-Indian | People, Language, Food. (2023, November 17). Encyclopedia Britannica.

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and in 21st century it is around 30,000 to 1,50,000 another reason for the population decrease
is that this particular group is politically, geographically and culturally fragmented.

In the Indian Constitution, Anglo-Indians are defined in Article 366(2) as-

"an Anglo Indian means a person whose father or any of whose other male progenitors in the
male line is or was of European descent but who is domiciled within the territory of India and
is or was born within such territory of parents habitually resident therein and not established
there for temporary purposes only"

Following India's attainment of independence, the aforementioned definition remained

largely unchanged, and Anglo-Indians were officially acknowledged as one of the several
minority groups recognised by the Constitution.

Once known for their preference for employment in the Indian railways, the community’s
contribution to education and the armed forces is well known. They also have a rich cultural
legacy and have added to the diversity of cities like Kolkata in their myriad ways. 2

Actor George Baker is an example who lost 2014 Lok Sabha elections on a BJP ticket from
West Bengal's Howrah yet managed to get nominated to the Lok Sabha through the
reservation on the quota of Anglo-Indian.

2
Kaul, S. (2019, December 15). Who are the Anglo-Indians and why do they have a quota in Lok Sabha and
some state legislatures? Times Now.

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BEGINNING OF RESERVATION FOR THE NOMINATION OF ANGLO-INDIANS

The concept of reserving seats for Anglo-Indians was initially proposed by the Simon
Commission in 1927, alongside similar recommendations for Sikh and European
communities. The aforementioned advice was duly incorporated into the Government of
India Act of 1935.

As per the constitution the relevant provision for the reservation for the nomination of the
seats of Anglo-Indians in the parliament and state legislatures will be guaranteed by
following provisions

Article 331: It states that the President can nominate two members of the Anglo-Indian
community to the Lok Sabha if the community is not adequately represented.

Article 333: It states that the Governor of a State may if he is of the opinion that the Anglo-
Indian community needs representation in the Legislative Assembly of the State and is not
adequately represented therein, nominate one member of that community to the Assembly.

Article 334(b): The reservation of the Anglo-Indian community in the Legislative bodies was
extended for 40 years in 1949 through the insertion of this article. National Commission for
SCs

Article 338 : It investigates all matters relating to the Constitutional and other legal
safeguards for the Anglo-Indian community and report to the President upon their working.

The inclusion and acceptance of reservations were incorporated into the constitutional
requirements. Several explanations can be identified as follows:

 Reservation is a strategic approach employed to address social inequality and

prejudice experienced by historically marginalised communities.
 Reservation, also referred to as affirmative action, serves as a mechanism for
promoting the advancement of marginalised groups.
 In order to address the historical inequities experienced by the lower castes within the
nation and to promote equal opportunities for the socioeconomically disadvantaged
individuals who have been historically unable to compete with those who have
enjoyed long-standing access to money and resources.

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  In order to establish a meritocracy that upholds principles of equality, it is imperative
that everyone are provided with similar opportunities and brought to a comparable
starting point prior to being evaluated based on their merits.

Over the course of time, the reservation system in India has faced considerable scrutiny, with
questions raised about its efficacy in fulfilling its intended objectives. The establishment of
reservations has been repeatedly acknowledged as a means to ensuring equitable resource
access for historically marginalised populations. However, it is noteworthy that despite
economic progress, many people persist in experiencing social disadvantages.

Critics have also argued that the reservation system, intended to promote inclusivity, has
inadvertently become a mechanism of exclusion due to the fact that many economically
disadvantaged individuals from higher castes also experience prejudice and injustice. This
has resulted in societal dissatisfaction.

The Anglo-Indian community was the sole group in India to possess representation in the Lok
Sabha, the lower chamber of the Indian Parliament. According to Article 331 of the
Constitution, provision is made for the nomination of two individuals from the Anglo-Indian
community to serve as members of the Lok Sabha. Frank Anthony, the first and most tenured
president of the All India Anglo-Indian Association, acquired his position with the
endorsement of Jawaharlal Nehru. As per the constitutional provision, the President possesses
the authority to nominate two individuals of Anglo-Indian descent to serve as members of the
Lok Sabha.

The Anglo-Indian group was the only one in India to have representatives in the Lok Sabha
(lower house) of the Indian Parliament. Article 331 of the Constitution allows for the
nomination of two Anglo-Indians to the Lok Sabha. Frank Anthony, the first and longest-
serving president of the All India Anglo-Indian Association, obtained this authority from
Jawaharlal Nehru. The President has the power to appoint two Anglo-Indians to the Lok
Sabha according to this provision in the Constitution.3

However, these reserve provisions were initially limited to a duration of 10 years following
the introduction of the constitution. Nevertheless, the Parliament, via periodical
modifications, extended the duration of these provisions on many occasions. According to the
95th Amendment enacted in 2009, Article 334 stipulates that the reservations outlined therein

3
Garg, Rachit. “All You Need to Know about the 104th Constitutional Amendment Act.” IPleaders, 16 Aug.
2021

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will no longer be applicable after a period of seventy years from the start of the Constitution.
In the context being discussed, the year in question is 2020. But in reality this provision was
supposed to operate till 1960.

Activist Dr. Nutan Thakur even flied a petition in the Lucknow bench of Allahabad High
Court where it is stated how this reservation is racist or anti-women in nature which
arbitrarily differentiates between European and other foreign nationals and is also gender
biased where male and female Europeans are placed to different footing. Hence, she said any
reservation to Anglo Indians in Lok Sabha or Vidhan Sabha is solely on the basis of race and
gender and is also anti-nationalist in nature, hence needs to be quashed being ultra vires to the
constitution of India4.

Article 330-334 has to go several amendments so as to keep the reservation process intact and
renew it every 10 years. This trail is laid down further:

The Constitution of India, following the Eighth Amendment of 1959 (formally referred to as
The Constitution (Eighth Amendment) Act, 1959), prolonged the duration of reserved seats
for Scheduled Castes and Scheduled Tribes, along with the representation of Anglo-Indians
in the Lok Sabha and State Legislative Assemblies, for a period of ten years, spanning from
26 January 1960 to 26 January 1970. The aforementioned revision resulted in an alteration of
Article 334 within the Constitution.

The formal designation of this constitutional amendment is the Constitution (Twenty-third

Amendment) Act of 1969, which served to modify Article 334 of the Constitution. The
aforementioned legislation terminated the practise of reserving seats for Scheduled Tribes in
both the Lok Sabha and State Legislative Assembly of Nagaland. Additionally, it stipulated
that the Governor was prohibited from appointing more than one Anglo-Indian representative
to any State Legislative Assembly.

Before the enactment of this amendment, the Governor of a state has the authority to
nominate an unrestricted number of individuals from the Anglo-Indian community to the
State Legislative Assemblies, as determined by their discretion.

4
Tripathi, A. (2016, January 28). “Reservation for Anglo Indians in legislative bodies ‘racist and anti-women.’”
The Times of India.

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The amendment also prolonged the provision of reserved seats for Scheduled Castes and
Scheduled Tribes, along with the participation of Anglo-Indians in the Lok Sabha and State
Legislative Assemblies, by an additional decade, until January 26, 1980.

The Constitution (Forty-fifth Amendment) Act of 1980 brought about an amendment to

Article 334, which resulted in the extension of the reservation of seats for Scheduled Castes,
Scheduled Tribes, and Anglo-Indians in the Lok Sabha and State Legislative Assemblies.
This extension lasted for an additional ten years, until 26 January 1990.

The Constitution (Sixty-second Amendment) Act of 1989 brought about an amendment to

Article 334, therefore prolonging the duration of seat reservation for Scheduled Castes and
Scheduled Tribes in the Lok Sabha and State Legislative Assemblies for an additional ten-
year term, till 26 January 2000.

The Constitution (Seventy-ninth Amendment) Act of 1999 brought about an extension of the
duration for which seats are reserved for Scheduled Castes and Scheduled Tribes, as well as
the representation of Anglo-Indians in the Lok Sabha and state legislative assemblies. This
extension lasted for an additional ten years, until January 26, 2010, and was achieved through
an amendment to Article 334 of the Constitution.

The Constitution (Ninety-fifth Amendment) Act of 2009 brought about an extension of the
duration for which seats are reserved for Scheduled Castes, Scheduled Tribes, and Anglo-
Indians in the Lok Sabha and state legislative assemblies. This extension, which lasted for an
additional 10 years, was achieved by an amendment to Article 334 of the Constitution. The
revised reservation period concluded on 26 January 2020.

Lastly, the 126th amendment bill or 104th Amendment Act of 2019 brought about significant
changes in the reservation policy in India. It abolished the provision for reserving of seats for
Anglo-Indians in both the Lok Sabha and State Legislative assembly. Additionally, the
amendment extended the reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs)

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for a period of ten years. The amendment bill was introduced in the Lok Sabha on December
9, 2019 by Ravi Shankar Prasad, who serves as the Minister of Law and Justice. The
proposed legislation sought to modify Article 334 of the Constitution.

On December 10, 2019, the Bill was approved by the Lok Sabha with a majority of 355 votes
in favour and no votes against. Subsequently, the measure was presented in the Rajya Sabha,
where it garnered a total of 163 affirmative votes and no opposing votes on December 12,
2019. The law received the assent of the President of India, Ram Nath Kovind, on January
21, 2020, and was subsequently published in the Gazette of India on the following day. The
modification was implemented on January 25, 2020.

The Minister of Law and Justice, Ravishankar Prasad, provided a rationale for seeking this
constitutional amendment, stating that although the Scheduled Castes and Scheduled Tribes
have made substantial advancements over the past seven decades, it is necessary to uphold
the inclusive nature of the Constitution as envisioned by its framers. However, one of the
main criticisms that this amendment faced was that it failed to extend the representation of
Anglo Indians when it did the same for SCs and STs.

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Discontinuation of the Reservation for the Nomination of Anglo Indians in
Parliament and State Legislative Bodies

The main contention for the discontinuation of nomination of Anglo Indians arises out of
Article 334(b) which states that “The representation of the Anglo Indian community in the
House of the People and in the Legislative Assemblies of the States by nomination, shall
cease to have effect on the expiration of a period of forty years from the commencement of
this Constitution: Provided that nothing in this article shall affect any representation in the
House of the People or in the legislative Assembly of a State until the dissolution of the then
existing House or Assembly, as the case may be 5” which basically means that the reservation
of the Anglo-Indian community in the Legislative bodies was extended for 40 years in 1949
through the insertion of this article.

Lok sabha after passing the 126th amendment bill gave rise to very heated debates and
discussion over the exclusion of the Anglo Indian from the purview of reservation when it
extended the quota for the SCs and STs for the next 10 years i.e., till 2030.

During the presentation of the Bill in the Lok Sabha, the Union Law Minister, Ravi Shankar
Prasad, highlighted that the 2011 Census data indicated a total population of 296 individuals
identifying as Anglo-Indians in India.

Nevertheless, some members of the Opposition expressed their scepticism towards this
assertion. K Kanimozhi, the leader of the DMK, argued that the federal government's figure
of 296 was derived from the Registrar General's report. She further contended that this
number seemed highly unlikely, considering that Tamil Nadu alone is home to several
thousand Anglo-Indians.

The All-India Anglo-Indian Association is also very unhappy with the Centre’s move. In a
letter to Prime Minister Narendra Modi, sent a day ahead of the introduction of the Bill in the
Lok Sabha, appealing to the government to withhold the amendment, Association president-
in-chief Barry O’Brien said: “What facts and figures, data and research material have been
collected and collated, based on which the cabinet has taken its decision? Is it true that the

5
Article 334(b), Constitution of India.

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government is estimating the number of Anglo-Indians in India today to be far less than its
actual number of several lakhs?”6

According to several community leaders, the estimated population of Anglo-Indians in the

nation is around 150,000. However, the presence of empirical evidence supporting this claim
remains uncertain.

“The Supreme Court held in Prashar v. Vasantsen Dwarkadas 7 (1963) that the statement of
objects and reasons for enacting a particular piece of legislation cannot be utilised to interpret
the legislation if the language employed therein is clear enough. However, the statement of
objects and reasons can be used to determine the circumstances that led to the legislation and
to determine what the mischief was that the legislation was intended to address. 8”

In Ashok Kumar Jain v. Union of India this matter has been heard before the constitutional
bench comprising of Justices DY Chandrachud, M.R. Shah, Krishna Murari, Hima Kohli and
P.S Narsimha where 104th Amendment Act has been challenged on grounds of it violating
article 14 as it is treating the Anglo Indians differently as compared to SCs and STs because
considering that the social conditions of the said communities had not improved and it was
still not feasible for them to be represented in the Legislature by way of election, extension
was granted after expiration of every 10 years. However, this was overlooked and the
reservation for SCs and STs were extended for the next 10 year i.e., till 2030.

6
Supra note 2
7
1963 AIR 1356
8
Supra note 3

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CONCLUSION

Therefore, it can be noted how Simon commission firstly gave the initiative to impose a
reservation for Anglo-Indians which was later on incorporated in the Government Act of
1935. The same was adopted by the Constituent Assembly in the Constitution of India from
Article 330-334. The goal of it all was very simple that was the upliftment of the community
of Anglo-Indians in the government. This was done to provide that minority community a
platform to raise their voice through their representatives which was also done with the SCs
and STs alongside. This reservation was done to provide the minority communities with the
confidence so as to help them get to that platform easily till it is no longer necessary and this
quota can come to a halt. This reservation was supposed to go on for 70 years i.e., it was
supposed to end in 2020 instead through 104th Amendment Act, 2019 the legislature extended
the quota for the SCs and STs but rather conveniently left Anglo-Indians out of its scope. The
reason for such an act is said to be done firstly, out of paying tribute to the founding fathers
and what they had in mind while framing law for SCs and STs secondly owing to the
numbers not getting increased due to the reservation which information as opposed by the All
Anglo Indian Community denies and calls such data as misleading.

This contention is being fought all over India to uplift the rights of Anglo Indians and not to
get subjugated when other minority groups are continuing with their privileges.

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REFERENCES

 Garg, Rachit. “All You Need to Know about the 104th Constitutional Amendment

Act.” IPleaders, 16 Aug. 2021, blog.ipleaders.in/need-know-104th-constitutional-

amendment-act/. Accessed 21 Nov. 2023.

 Kaul, S. (2019, December 15). Who are the Anglo-Indians and why do they have a

quota in Lok Sabha and some state legislatures? Times Now.

https://www.timesnownews.com/india/article/who-are-the-anglo-indians-and-why-do-

they-have-a-quota-in-lok-sabha-and-some-state-legislatures/527529#:~:text=Anglo-

Indians%20have%20two%20seats%20reserved%20in%20the%20Lok,is%20sent

%20to%20the%20President%20for%20his%20assent.

 Tripathi, A. (2016, January 28). “Reservation for Anglo Indians in legislative bodies

‘racist and anti-women.’” The Times of India.

https://timesofindia.indiatimes.com/india/reservation-for-anglo-indians-in-legislative-

bodies-racist-and-anti-women/articleshow/50762271.cms?

utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

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