333. Representation of the Anglo-Indian community in the Legislative Assemblies of the States
Notwithstanding anything in article 170, the Governor of a State may, if he is of 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.
170- Composition of the Legislative Assemblies
(1) Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.
(2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State.
Explanation -In this clause, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2001 census.
(3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:
Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly:
Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust-
(i) the total number of seats in the Legislative Assembly of each State as readjusted on the basis of the 1971 census; and
(ii) the division of such State into territorial constituencies as may be readjusted on the basis of the 2001, census, under this clause.
In exercise of the power conferred by article 333 of the Constitution the Governor is likely to nominate one member of the Anglo-Indian community to be a member of the Legislative Assembly.
In S. Pushpa and Ors. v. Sivachanmugavelu and Ors., (2005) 3 SCC 1, a three Judge Bench after referring to Marri Chandra Shekhar Rao & Action Committee cases held:
Part XVI of the Constitution deals with special provisions relating to certain classes and contains articles 330 to 341. articles 330 and 332 make provision for reservation of seats in the House of the People and Legislative Assemblies of the States respectively, for Scheduled Castes and Scheduled Tribes. Similar provisions have been made for Anglo- Indian community in articles 331 and 333. article 338 provides that there will be a Commission for the Scheduled Castes to be known as National Commission for the Scheduled Castes and it also provides for its composition, powers and duties. Clause (2) of article 330 provides that the number of seats reserved in the States or Union Territories for Scheduled Castes or Scheduled Tribes shall bear, as nearly as may be, the same proportion to the number of seats allotted to that State or Union Territory in the House of the People as the population of the Scheduled Castes in the State or Union Territory or of the Scheduled Tribes in the State or Union Territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the State or Union Territory. Similar provision for reservation of seats in favour of SC /ST in the Legislative Assembly of any State is contained in Clause (3) of article 332 of the Constitution. Therefore, in order to ascertain the number of seats which have to be reserved for Scheduled Castes or Scheduled Tribes in the House of the People or in the Legislative Assembly, it is absolutely essential to ascertain precisely the population of the Scheduled Castes or Scheduled Tribes in the State or Union Territory. A fortiori, for the purpose of identification, it becomes equally important to know who would be deemed to be Scheduled Caste in relation to that State or Union Territory. This exercise has to be done strictly in accordance with the Presidential Order and a migrant Scheduled Caste of another State cannot be taken into consideration otherwise it may affect the number of seats which have to be reserved in the House of the People or Legislative Assembly. Though, a migrant SC /ST person of another State may not be deemed to be so within the meaning of articles 341 and 342 after migration to another State but it does not mean that he ceases to be an SC /ST altogether and becomes a member of a forward caste.
Article 337 secures to the anglo-indian Community certain special grants made by the Union and by each State in respect of education. The second paragraph of that Article provides for progressive diminution of such grant until such special grant ceases at the end of ten years from the commencement of the Constitution as mentioned in the first proviso to that Article. The second proviso runs as follows:
“Provided further that no educational institution shall be entitled to receive any grant under this Article unless at least forty percent, of the annual admissions therein are made available to members of communities other than the anglo-indian community.”
Categories: Constitution of India