Article 337 of the Costitution of India with Case law
Here is a detailed explanation of Article 337 of the Constitution of India, along with relevant case law:
🇮🇳 Article 337 – Special provision with respect to educational grants for the benefit of Anglo-Indian community
🔹 Text of Article 337:
*“During the first three financial years after the commencement of this Constitution, the same grants shall be made by the Union and by each State for the benefit of the Anglo-Indian community in respect of education as were made in the financial year ending on the 31st day of March, 1948:
Provided that at the end of every succeeding period of three years the amount of every such grant shall be decreased by ten per cent of the grant made in the financial year ending on the 31st day of March, 1948:
Provided further that no such grant shall be made after the expiration of ten years from the commencement of this Constitution.”*
🔍 Explanation:
✅ Purpose of Article 337:
This Article was introduced as a transitory and protective provision to ensure educational welfare of the Anglo-Indian community post-Independence, by:
Ensuring continuation of educational grants for Anglo-Indian institutions.
Providing a phased withdrawal of this financial assistance over 10 years.
✅ Key Features:
| Feature | Details |
|---|---|
| Target Group | Anglo-Indian community |
| Nature | Temporary constitutional safeguard |
| Initial Provision Period | First 3 years after Constitution commenced (1950–1953) |
| Reduction Clause | 10% reduction every 3 years |
| End of Grant | After 10 years (i.e., by 26 Jan 1960) |
| Objective | Promote educational support and smooth transition for Anglo-Indian-run institutions |
✅ Constitutional Background:
Article 337 is one of the special protections for the Anglo-Indian community, along with:
Article 331 (representation in Lok Sabha)
Article 333 (representation in State Legislative Assemblies)
Article 366(2) (definition of Anglo-Indian)
⚖️ Relevant Case Law:
While Article 337 has not been the subject of major Supreme Court rulings, it has been referred to in judgments involving minority rights and educational rights under Articles 29 and 30.
🔹 Frank Anthony Public School Employees’ Association v. Union of India (2002)
Citation: AIR 2002 SC 1475
Relevance:
Although not specifically about Article 337, the case involved an Anglo-Indian educational institution.
The Supreme Court emphasized the constitutional recognition of such institutions and the need to preserve their minority character.
It showed the historical relevance of Article 337, which supported the early development of such schools.
🔹 Rev. Sidhajbhai Sabhai v. State of Bombay (1963)
Citation: AIR 1963 SC 540
Relevance:
Concerned minority educational institutions under Article 30(1).
While Article 337 was not central, the case reinforced the protection of minority institutions, including those run by Anglo-Indians, and highlighted the importance of historical support like Article 337.
🧾 Timeline Summary:
| Year | Provision |
|---|---|
| 1950–1953 | Full educational grants continue |
| 1953–1960 | Gradual reduction by 10% every 3 years |
| Post-1960 | Article ceases to have effect |
📌 Summary Table:
| Aspect | Details |
|---|---|
| Article | 337 |
| Applies To | Anglo-Indian community |
| Subject | Educational grants |
| Duration | Maximum 10 years from 1950 |
| Nature | Temporary, protective provision |
| Status Today | Expired in 1960 |
| Case Law | Frank Anthony School Case, Sidhajbhai Sabhai (in context of minority rights) |
🧠 Conclusion:
Article 337 served a vital transitional role in safeguarding educational access for the Anglo-Indian community during the early years of the Republic. While it ceased to have effect after 1960, its presence in the Constitution highlighted India's commitment to protect minority rights and educational inclusivity during nation-building.
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