Article 336 of the Costitution of India with Case law
🔷 Article 336 of the Constitution of India – Special Provision for Anglo-Indians in Services
📜 Text of Article 336:
(1) During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the Union and State services shall be made in the same manner as before the commencement of this Constitution.
(2) Thereafter, and for a further period of ten years, such appointments shall be made on the same basis as the members of other communities are appointed, but the claims of the Anglo-Indian community shall be taken into consideration in making appointments to posts in the Union or State services, consistently with the maintenance of efficiency of administration.
🧾 Explanation:
Article 336 was a transitional provision.
It provided for special consideration to Anglo-Indians in government jobs:
First 2 years: Recruitment as per pre-Constitution practices.
Next 10 years: Their claims to be considered, without guaranteed reservation, and only if administrative efficiency was not compromised.
This was in recognition of the Anglo-Indian community’s unique position post-Independence.
📅 Sunset Clause:
The provision was meant to expire 10 years after the initial 2-year period — i.e., by 26 January 1962.
Therefore, Article 336 has now ceased to have legal force (though it remains in the text of the Constitution for historical reference).
⚖️ Relevant Case Laws:
🔹 A.P. Public Service Commission v. B. Sarat Chandra, AIR 1990 SC 591
Although not directly under Article 336, the Court emphasized that special provisions for any community in public employment must not compromise efficiency — echoing the “efficiency of administration” clause in Article 336(2).
🔹 Frank Anthony Public School Employees’ Association v. Union of India, (1987) 4 SCC 616
The Anglo-Indian community’s rights in education and public life were discussed.
While this case focused more on Article 30 (minority educational institutions), the background reflects the constitutional protection of Anglo-Indian interests, including those under Articles 336 and 337.
📌 Summary Table:
| Feature | Description |
|---|---|
| Article Number | 336 |
| Purpose | Job preference to Anglo-Indians during initial years post-Constitution |
| Time Frame | First 2 years (full protection), next 10 years (limited preference) |
| Current Status | Lapsed after 12 years (by 1962) |
| Key Clause | Preference only if efficiency of administration is maintained |
| Related Article | Article 337 – Grant to Anglo-Indian educational institutions |
📘 Historical Context:
Anglo-Indians were a small but significant community in colonial India, often working in railways, education, and customs.
Articles 331, 333, 336, and 337 were introduced to protect their integration and livelihood during the transition to independence.
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