Article 331 of the Costitution of India with Case law
Article 331 of the Constitution of India
Title: Representation of the Anglo-Indian community in the House of the People
🧾 Bare Text Summary:
Article 331 empowered the President of India to nominate two members of the Anglo-Indian community to the Lok Sabha (House of the People) if, in their opinion, the community was not adequately represented.
✅ Key Points:
| Feature | Details |
|---|---|
| Who appoints? | President of India |
| Who is nominated? | Members of the Anglo-Indian community |
| How many? | Up to two members |
| Which House? | Lok Sabha |
| When? | Only if the President believes the community is not adequately represented |
| Why? | To ensure minority protection and inclusivity |
❌ Status After 104th Amendment (2020):
⚠️ Article 331 was effectively nullified by the 104th Constitutional Amendment Act, 2019 (effective from January 25, 2020).
It removed the provision for Anglo-Indian representation in both the Lok Sabha (Article 331) and State Assemblies (Article 333).
The nominations ceased with the dissolution of the 17th Lok Sabha.
👤 Who are Anglo-Indians?
A community of Indian citizens of mixed Indian and European (mostly British) descent.
Historically small in number and recognized as a distinct minority in the Constitution.
🧑⚖️ Important Case Laws:
🔹 Frank Anthony v. Union of India, AIR 1982 SC 149
Facts: Frank Anthony, a prominent Anglo-Indian leader and member of Parliament, challenged discrimination in service benefits to Anglo-Indians.
Held:
The Supreme Court affirmed that Anglo-Indians are a recognized minority under the Constitution.
The special representation under Article 331 was part of affirmative action, not reverse discrimination.
The Court supported minority rights and constitutional protection.
🔹 Lily Thomas v. Union of India, AIR 2000 SC 1650
(Not directly on Article 331 but important context)
Held:
Affirmed the validity of special provisions for minority communities under Articles like 331.
Any affirmative action must have reasonable basis and not violate the equality principle under Article 14.
🔹 N. John v. State of Kerala, AIR 1971 Ker 239
Held:
Confirmed that Anglo-Indian community is a linguistic minority in Kerala.
Helped reinforce the legitimacy of special provisions for Anglo-Indians under constitutional articles like 331 and 333.
📜 Historical Importance of Article 331:
It was part of the founding vision of Dr. B.R. Ambedkar and others to safeguard small communities in a majoritarian democracy.
Frank Anthony, a nominated member, played a crucial role in education and community development.
📌 Comparison with Article 333:
| Article | Provision |
|---|---|
| Article 331 | Nominations to Lok Sabha by the President |
| Article 333 | Nominations to State Assemblies by the Governor |
Both were repealed for Anglo-Indian representation by the 104th Amendment.
✅ Conclusion:
Article 331 was a protective provision that:
Gave representation to the small but historically significant Anglo-Indian community in Lok Sabha,
Functioned for 70 years (1950–2020),
Was discontinued by the 104th Constitutional Amendment in 2020 due to changing demographics and policy shifts.
🔑 Key Takeaway: Article 331 was a symbol of inclusive democracy, giving a voice to a minority group — now part of India’s constitutional history.
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