Anglo-Indian quota:

GS Paper 2:

Topics Covered: Indian Constitution and historical underpinnings.

Context:

The Delhi High Court has ordered the Centre to file its submissions in response to a petition seeking restoration of Anglo-Indian representation by nomination in Parliament.

• The court observed 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.

What’s the issue?

The court was hearing a petition challenging the Constitutional (One Hundred and Fourth Amendment) Act, 2019.

• The amendment removed the nomination-based representation of the Anglo-Indian community in Lok Sabha and Legislative Assemblies.

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.

Arguments against the removal of this provision:

The number of Anglo-Indian community members is not accurately reflected in the 2011 Census, on which the then Law Minister relied while tabling the amendment Bill in Parliament.

• So, this breaches the constitutional promise to a ‘minority within a minority’ and could virtually become the trigger for systematic cultural-political annihilation of the Anglo-Indian community in the short to medium term.

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.

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.

Insta Curious:

Did you know that 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.

InstaLinks:

Prelims Link:

1. About Article 331.
2. Representation of Anglo Indian community in Lok Sabha and Assembly.
3. Provisions related to reservations under the Indian Constitution.

Mains Link:

Discuss the significance of Article 331.

Q.2) Article 334 in the Indian Constitution talks about reservations/nominations related to?

1. SCs
2. STs
3. Anglo-Indians

Choose the correct answer using the codes given below:

1. 1 only.
2. 2 and 3 only.
3. 1 and 3 only.
4. All of the above. 

Sources: Indian Express.