Article 331 of the Indian Constitution originally dealt with the special provision for the representation of the Anglo-Indian community in the House of the People (Lok Sabha). This article empowered the President to nominate members from this community if their representation through direct election was deemed inadequate. However, this provision was temporary and subject to review, and it has since been discontinued by a constitutional amendment.
This article, along with Article 333 (dealing with Anglo-Indian representation in State Legislative Assemblies), reflected the constitutional framers’ intent to ensure that the numerically small Anglo-Indian community had a voice in the legislatures during the initial decades of the Republic.
Original Text
331. Representation of the Anglo-Indian community in the House of the People.
Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People.
Detailed Explanation
Article 331, as it stood before the 104th Amendment Act, 2019, provided a mechanism for the representation of the Anglo-Indian community in the Lok Sabha. The provision was designed as an affirmative action measure to ensure that this specific community, dispersed across the country and potentially facing challenges in getting elected through regular constituencies, had a presence in the national legislature.
The article stipulated that if the President of India was of the opinion that the Anglo-Indian community was not adequately represented in the House of the People, he could nominate not more than two members from that community to the Lok Sabha. This power was discretionary, based on the President’s assessment of adequate representation. The nominated members would have the same rights and privileges as elected members, including the right to vote on bills and participate in debates, although their term would align with that of the Lok Sabha they were nominated to. This provision was initially valid for a period of ten years from the commencement of the Constitution (Article 334) but was subsequently extended for decadal periods by various constitutional amendments (8th, 23rd, 45th, 62nd, 79th, and 95th Amendments). The 95th Amendment Act, 2009, extended this provision, along with reservations for Scheduled Castes and Scheduled Tribes, for another ten years, up to January 25, 2020.
The 104th Constitutional Amendment Act, 2019, which came into effect on January 25, 2020, discontinued the provision for the nomination of Anglo-Indians to the Lok Sabha and State Legislative Assemblies (by not extending Article 334’s applicability to Articles 331 and 333). As a result, Article 331 is no longer operative, and no members are nominated under this provision after the term of the 17th Lok Sabha (elected in 2019). The primary rationale cited for discontinuing this provision was the perceived adequate representation of the Anglo-Indian community through the general election process and the dwindling population of the community requiring such special provision.
Detailed Notes
- Purpose: Originally intended to ensure representation of the Anglo-Indian community in the Lok Sabha.
- Authority: Vested the power of nomination in the President of India.
- Condition: Nomination was contingent upon the President’s opinion that the community was not adequately represented in the Lok Sabha.
- Number of Nominees: Limited to a maximum of two members from the Anglo-Indian community.
- Scope: Applied specifically to the House of the People (Lok Sabha).
- Nature: It was a temporary special provision, initially for 10 years from the Constitution’s commencement.
- Extensions: Periodically extended for subsequent decadal periods by constitutional amendments (8th, 23rd, 45th, 62nd, 79th, 95th).
- Last Extension: Extended up to January 25, 2020, by the 95th Amendment Act, 2009.
- Discontinuation: The provision was effectively discontinued by the 104th Constitutional Amendment Act, 2019, by not extending the applicability of Article 334 to Article 331 beyond January 25, 2020.
- Current Status: Article 331 is no longer operative as a live provision for nomination.
Additional Comments
- The term ‘Anglo-Indian’ is defined in Article 366(2) of the Constitution 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.
- This provision reflects the principle of inclusive representation, aiming to give a voice to a minority community that might struggle to secure representation through standard electoral processes.
- Article 333 contained a similar provision for the nomination of one Anglo-Indian member to the State Legislative Assemblies by the Governor, which was also discontinued by the 104th Amendment Act, 2019.
- The discontinuation was based on the government’s assessment that the community no longer required reserved or nominated seats due to their integration and potential to be elected through normal electoral means, or based on updated demographic data.
- The discontinuation of these nominated seats does not prevent members of the Anglo-Indian community from contesting and being elected to Parliament or State Assemblies through general constituencies.
Summary
Article 331 of the Indian Constitution originally allowed the President to nominate up to two members from the Anglo-Indian community to the Lok Sabha if their representation was deemed inadequate. This was a temporary measure, extended periodically, to ensure a voice for the community in the national legislature. The provision was discontinued effective January 25, 2020, by the 104th Constitutional Amendment Act, 2019, based on the assessment that the community no longer required such special nominated seats. Thus, Article 331 is no longer actively used for nominations to the Lok Sabha.