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Centre notifies constitutional amendment doing away with quota for Anglo Indian

The Centre has notified an amendment to the Constitution, which does away with Anglo Indian reservation in Lok Sabha and State Assemblies, while, at the same time, extends reservation for Scheduled Castes and Scheduled Tribes for another ten years.

The Constitution (One Hundred And Twenty-Sixth) Act was notified by the government on January 21, 2020.

The legislation, passed by both the Houses of Parliament last month, was ratified by the legislatures of more than half of the states recently. The Act is set to come into force on January 25, 2020 after having received the President’s assent on January 21.

Article 334 of the Constitution lays down that the provisions of the Constitution relating to the reservation of seats for the Scheduled Castes and the Scheduled Tribes and the representation of the Anglo-Indian community by nomination in the House of the People and the Legislative Assemblies of the States.

The original Constitution provided that this Article would cease to have effect after twenty years from the commencement of the Constitution, but this was extended to 1970 by the 8th Amendment. The period of reservation was extended to 1980, 1990, 2000 and 2010 by the 23rd, 45th, 62nd and 79th Amendments respectively. The 95th Amendment extended the period of the reservation to 2020.

“Reservation of seats and special representation to cease after certain period.” Further, after clauses (a) and (b), for the words “seventy years”, the words “eighty years in respect of clause (a) and seventy years in respect of clause (b)” is to be substituted.”

After 126th Amendment Act, the Article reads:

Reservation of seats and special representation to cease after certain period:-

Notwithstanding anything in the foregoing provisions of this Part [Part XVI], the provisions of this Constitution relating to—

(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States;

(b) 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 “eighty years in respect of clause (a) and seventy years in respect of clause (b)  from the commencement of this Constitution

Anglo Indians have taken to the street since the day bill was introduced in the Parliament. Representatives of 10 major Anglo Indian associations, comprising present and former ex-parliamentarians from the community have planned to conduct nationwide protests in view of the recent constitutional amendment. The representatives of the associations have sought an appointment to meet the President, Prime Minister and Home Minister to present a memorandum stating their demand of extending the special reservation.

Who all are Anglo-Indians?

The term Anglo Indian is defined in the Government of India Act, 1935. Anglo-Indian is considered to be someone who lives in India and whose father or any of the male ancestors belong to the British lineage Anglo-Indian, in India, a citizen of mixed Indian and, through the paternal line, European ancestry. From roughly the 18th to the early 20th century, the term referred specifically to British people settled in India.

How Anglo-Indians are represented in the Parliament?

There are total 552 seats in the Lok Sabha in the country, out of which only 2 are reserved for the Anglo-Indian community.

Article 331 provides:

The President of India is authorised to nominate 2 members of the Anglo-Indian community if he thinks the community is not represented in the Lok Sabha. Similarly, the Governor of the state is authorised to nominate 1 Anglo Indian in the lower house of the State Legislature if they are not represented.

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1 COMMENT

  1. Law should certainly suit to the changing times, with the advancement in progress and development. It is high time, the Govt.Of India , move to scrap the quota for Anglo Indians in Parliament and as well in State Assemblies, as it is over 72 Long years ever SINCE we had INDEPENDENCE on driving away the British’s. Most of the efficient citizens among Anglo Indians have lucratively fled to U.K., U.S., Canada, Australia, New Zealand etc. migrated with priorities of sympathy, since Indian Independence. INSTEAD it’s high time we consider Jawans (Soldiers) Representation, since they are the INDIAN CITIZENs who cAme forward, being well prepared to risk and sacrifice their lives for safeguarding their nation, as true patriotic citizen. Which would be an encouragement and motivation to XSMN. Off from service in secluded living and working areas to share their unique rich experience, as Public Representatives, unlike most of other corrupted politicians coming forward to amass money., by means of hook or crook SIMILARLY, Indian Seamen/SEAFARERS, who are working on foreign-going vessels and earning foreign-exchange / currencies for our country, be considered for Representation into the Parliament & State Assemblies since they are the most neglected, losing their voice to expresst, for any benefits of citizens’ rights and privileges, since they lose their precious- voting rights, all owing to their mobility of professional-service, living and working with most hazardous working conditions, on the deep seas and oceans.

    C.V.C. an autonomous body of the Govt.of India , ought to look into the grave injustices that prevail in the Defence Pensionary Systems, to order a forensic audit IF deemed necessary. Following whistle-blower XSMN Chandran P K s’ allegations. Since, entitled to CITIZENs five basic rights Right to information, Right to Safety, Rights to be Heard, Right of freedom to Choose with equality of Opportunity/Rights, Rights to Redressal etc.during this changing world of technologies. These rights also helps a consumer to protect himself from the exploitation. It also induces efficiency transparency and accountability in all spheres of our daily human-lives. The prime pillar of National Governance “The Judiciary” be in the forefront to ensure fairness, ensuring dignity and integrity to law abiding citizens.

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