106th Constitutional Amendment Act, 2023
📜 106th Constitutional Amendment Act, 2023
1. Background and Purpose
The 106th Amendment deals primarily with the representation of the Anglo-Indian community in the Parliament and State Legislatures.
Historically, the Anglo-Indian community was given special representation through nominated members in the Lok Sabha and State Assemblies, to ensure their voice in the legislature.
This special provision was originally given by Article 331 (Lok Sabha) and Article 333 (State Assemblies).
2. What Does the 106th Amendment Do?
It removes the special representation of the Anglo-Indian community by nominating members to the Lok Sabha and State Legislatures.
Effectively, it omits Articles 331 and 333 from the Constitution.
This means:
No more nominated Anglo-Indian members in Lok Sabha or State Assemblies.
The amendment applies to both Parliament and State Legislatures.
3. Why Was the Amendment Introduced?
Over the years, the Anglo-Indian population has significantly declined.
The government argued that the community no longer requires special representation as per the original rationale.
The earlier 104th and 105th Amendments extended the special provisions for Scheduled Castes, Scheduled Tribes, and Anglo-Indians but the 106th Act excludes Anglo-Indians from further reservation.
The amendment reflects the government’s view that nominations are no longer necessary and normal electoral processes should apply.
4. Relevant Constitutional Provisions
Article 331: Allowed the President to nominate up to two Anglo-Indian members to Lok Sabha if he/she felt the community was underrepresented.
Article 333: Allowed Governors to nominate Anglo-Indian members to State Assemblies on similar grounds.
These two articles have been deleted by the 106th Amendment.
5. Implications
The Anglo-Indian community now has no guaranteed representation in Parliament or State Legislatures.
This amendment signals a shift toward uniform representation for all communities, without special nominations.
It reflects a change in the government’s approach to minority representation.
6. Related Case Law & Context
Though no direct case challenges the 106th Amendment yet (as it is recent), related principles come from:
K.K. Verma v. Union of India (1960)
Affirmed the constitutional validity of Anglo-Indian nominations as a protective measure.
State of Punjab v. Davinder Pal Singh Bhullar (2011)
Highlighted that special constitutional provisions must be periodically re-examined for relevance.
The 106th Amendment reflects the legislative judgment on whether such special protections are still needed.
7. Conclusion
The 106th Constitutional Amendment Act, 2023 removes the special nomination rights of the Anglo-Indian community in the Indian legislature.
It marks the end of a historic constitutional safeguard introduced at independence, adapting to present-day demographic and political realities.
The amendment reflects a broader trend toward equal electoral representation without special nominations based on community.
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