Anglo-Indian reserved seats in the Lok Sabha

Last updated

Between 1952 and 2020, two seats were reserved in the Lok Sabha, the lower house of the Parliament of India, for members of the Anglo-Indian community. These two members were nominated by the President of India on the advice of the Government of India. In January 2020, the Anglo-Indian reserved seats in the Parliament and State Legislatures of India were discontinued by the 126th Constitutional Amendment Bill of 2019, when enacted as the 104th Constitutional Amendment Act, 2019. [1] [2]

Contents

The Article 331 of the Indian Constitution gave reservation to the Anglo-Indian community during the creation of the Constitution, the article 331 also says that this reservation would cease to exist 10 years after the commencement of the Constitution. But this reservation was extended to 1970 through the 8th Amendment. The period of reservation was extended to 1980 through 23rd amendment and then to 1990 through 45th amendments, to 2006 through 62nd amendment, to 2010 through 79th amendments and to 2020 through the 95th Amendment. [3] In January 2020, the Anglo-Indian reserved seats in the Parliament and State Legislatures of India were abolished by the 104th Constitutional Amendment Act, 2019. [4] [5] The reason cited by the Union Law Minister Ravi Shankar Prasad who introduced the Bill in the Lok Sabha is that the Anglo-Indians population in India was just 296 in the 2011 Census of India, though this figure is disputed. [6] The total number of Anglo-Indians is disputed with estimates up to 150,000. Some sources suggest a population between 75,000 and 100,000. [7] [8]

History

The Anglo-Indian community were the only community in India that had its own representatives nominated to the Lok Sabha (lower house) in the Parliament of India. This right was secured from Jawaharlal Nehru by Frank Anthony, the first and long-time president of the All India Anglo-Indian Association. The community was represented by two members. This was done because the community had no native state of its own. Fourteen states of India (Andhra Pradesh, Bihar, Chhattisgarh, Gujarat, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Telangana, Tamil Nadu, Uttar Pradesh, Uttarakhand and West Bengal) also had a nominated member each in their respective State Legislative Assemblies.

The reserved seats were expected to have been phased out by the 1960s, but continued to be renewed by successive governments, until this provision was abolished in 2020. [9] Law Minister Ravi Shankar Prasad cited the 2011 Census as counting merely 296 Anglo-Indians in India, prompting challenges from many opposition MPs. Kanimozhi of the DMK party pointed out that the state Tamil Nadu alone had a few thousand Anglo-Indians. [6]

Before independence

Henry Gidney was a nominated member of the Central Legislative Assembly under the 'Special Interests/Anglo-Indian' category in the 1920, 1923, 1926, 1930, and 1934 elections.

Historical Anglo-Indian members in the Lok Sabha

The following is a list of members nominated for the seats after each election. [10]

ElectionMemberPartyMemberParty
1951–52 Frank Anthony Independent A. E. T. Barrow Independent
1957
1962
1967
1971 Marjorie Godfrey
1977 Rudolph Rodrigues Janata Party A. E. T. Barrow
1980 Frank Anthony Indian National Congress Indian National Congress
1984
1989 Joss Fernandez Janata Dal Paul Mantosh Janata Dal
1991 Frank Anthony Indian National Congress Robert E. Williams Indian National Congress
1993vacant
1995 Sheila F. Irani Indian National Congress
1996 Neil O'Brien Hedwig Rego
1998 Beatrix D'Souza Samata Party Neville Foley Samata Party
1999 Denzil B. Atkinson Bharatiya Janata Party
2004 Ingrid McLeod Indian National Congress Francis Fanthome Indian National Congress
2009 Charles Dias
2014 George Baker Bharatiya Janata Party Richard Hay Bharatiya Janata Party

See also

Related Research Articles

<span class="mw-page-title-main">Rajya Sabha</span> Upper house of the Parliament of India

The Rajya Sabha, constitutionally the Council of States, is the upper house of the bicameral Parliament of India. As of 2023, it has a maximum membership of 250, of which 238 are elected by the legislatures of the states and union territories using single transferable votes through open ballots, while the president can appoint 12 members for their contributions to art, literature, science, and social service. The total allowed capacity is 250 according to article 80 of the Indian Constitution. The current potential seating capacity of the Rajya Sabha is 245, after the Jammu and Kashmir (Reorganisation) Act, 2019, the seats came down to 245. The maximum seats of 250 members can be filled up at the discretion and requirements of the house of Rajya Sabha.

<span class="mw-page-title-main">Lok Sabha</span> Lower house of the Parliament of India

The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Parliament House, New Delhi.

<span class="mw-page-title-main">Parliament of India</span> Bicameral national legislature of India

The Parliament of India is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the Rajya Sabha and the Lok Sabha. The President of India, in their role as head of the legislature, has full powers to summon and prorogue either house of Parliament or to dissolve the Lok Sabha, but they can exercise these powers only upon the advice of the Prime Minister and their Union Council of Ministers.

<span class="mw-page-title-main">Member of the Legislative Assembly (India)</span> Member of a State Legislature in India

A Member of the Legislative Assembly (MLA) is a representative elected by the voters of an electoral district (constituency) to the legislature of State government in the Indian system of government. From each constituency, the people elect one representative who then becomes a member of the Legislative Assembly (MLA). Each state has between seven and nine MLAs for every Member of Parliament (MP) that it has in the Lok Sabha, the lower house of India's bicameral parliament. There are also members in three unicameral legislatures in Union Territories: the Delhi Legislative Assembly, Jammu and Kashmir Legislative Assembly and the Puducherry Legislative Assembly. Only a Member of the Legislative Assembly can work as a minister for more than 6 months. If a non-Member of the Legislative Assembly becomes a Chief Minister or a minister, he must become an MLA within 6 months to continue in the job. Only a Member of the Legislative Assembly can become the Speaker of the Legislature

<span class="mw-page-title-main">1951–52 Indian general election</span>

General elections were held in India between 25 October 1951 and 21 February 1952, the first after India attained independence in 1947. Voters elected the 489 members of the first Lok Sabha, the lower house of the Parliament of India. Elections to most of the state legislatures were held simultaneously.

In India, a number of political positions and university posts are held for specific groups of the population, including Scheduled Castes and Scheduled Tribes, and women in some cases.

Part XVI of the Constitution of India establishes that certain castes and tribes shall be represented in the Lok Sabha in proportion to their population—that is, if the specified caste makes up 20% of the population in a given province, at least 20% of that province's members of the Lok Sabha must be of that caste. The Constitution specifies that this is to be accomplished "as nearly as may be", accepting that due to limited delegation size proportions not always match exactly.

<span class="mw-page-title-main">Women's Reservation Bill, 2010</span> Constitutional amendment of India

The Women's Reservation Bill or The Constitution Bill, 9 March 2010, is a bill passed in the Parliament of India which says to amend the Constitution of India to reserve 1/3 of all seats in the lower house of Parliament of India, the Lok Sabha, and in all state legislative assemblies for women. The seats were proposed to be reserved in rotation and would have been determined by draw of lots in such a way that a seat would be reserved only once in three consecutive general elections.

<span class="mw-page-title-main">Eighth Amendment of the Constitution of India</span>

The Eighth Amendment of the Constitution of India, officially known as The Constitution Act, 1959, amended article 334 of the Constitution in order to extend the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for ten years, i.e. up to 26 January 1970. Article 334 had stipulated that the reservation of seats should expire within a period of ten years from the commencement of the Constitution.

<span class="mw-page-title-main">Twenty-third Amendment of the Constitution of India</span>

The Twenty-third Amendment of the Constitution of India, officially known as The Constitution Act, 1969, discontinued reservation of seats for the Scheduled Tribes in Nagaland, both in the Lok Sabha and the State Legislative Assembly and stipulated that not more than one Anglo-Indian could be nominated by the Governor to any State Legislative Assembly. Prior to the amendment, the number of Anglo-Indians who could be nominated to the State Legislative Assemblies, was left to the discretion of the Governor of the State. The amendment also extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 1980.

<span class="mw-page-title-main">Forty-fifth Amendment of the Constitution of India</span>

The Forty-fifth Amendment of the Constitution of India, officially known as The Constitution Act, 1980, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 1990.

<span class="mw-page-title-main">Ninety-fifth Amendment of the Constitution of India</span> Extended Indian reservation for Anglo-Indians

The Ninety-fifth Amendment of the Constitution of India, officially known as The Constitution Act, 2009, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 2020.

<span class="mw-page-title-main">Sixty-second Amendment of the Constitution of India</span>

The Sixty-second Amendment of the Constitution of India, officially known as The Constitution Act, 1989, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 2000.

<span class="mw-page-title-main">Seventy-ninth Amendment of the Constitution of India</span>

The Seventy-ninth Amendment of the Constitution of India, officially known as The Constitution Act, 1999, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 2010.

<span class="mw-page-title-main">Member of Parliament, Lok Sabha</span> Representative of the Indian people in the lower house of the Indian Parliament

A Member of Parliament in the Lok Sabha is the representative of a legislative constituency in the Lok Sabha; the lower house of the Parliament of India. Members of parliament of Lok Sabha are chosen by direct elections on the basis of the adult suffrage. The maximum permitted strength of members of parliament in the Lok Sabha is 550. This includes the maximum 530 members to represent the constituencies and states and up to 20 members to represent the union territories. Between 1952 and 2020, two seats were reserved for members of the Anglo-Indian community. The current elected strength of the Lok Sabha is 543. The party—or coalition of parties—having a majority in the Lok Sabha chooses the Prime Minister of India.

<span class="mw-page-title-main">One Hundred and Fourth Amendment of the Constitution of India</span> Constitutional amendment of 2019

The One Hundred and Fourth Amendment of the Constitution of India, extends the deadline for the cessation of the reservation of seats for members from Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies by a period of 10 years.

The Uttarakhand Legislative Assembly, also known as the Uttarakhand Vidhan Sabha, is a unicameral governing and law making body of Uttarakhand, one of the 28 states of India. It is seated at Dehradun, the winter capital, and Gairsain, the summer capital of Uttarakhand. The total strength of the assembly is 70 Members of the Legislative Assembly (MLA).

References

  1. "Anglo Indian Representation To Lok Sabha, State Assemblies Done Away; SC-ST Reservation Extended For 10 Years: Constitution (104th Amendment) Act To Come Into Force On 25th Jan" (PDF). egazette.nic.in. Retrieved 25 January 2020.
  2. "Anglo Indian Members of Parliament (MPs) of India – Powers, Salary, Eligibility, Term". www.elections.in.
  3. "Centre notifies constitutional amendment doing away with quota for Anglo Indian" . Retrieved 3 June 2020.
  4. "Anglo Indian Representation To Lok Sabha, State Assemblies Done Away; SC-ST Reservation Extended For 10 Years: Constitution (104th Amendment) Act To Come Into Force On 25th Jan". www.livelaw.in. 23 January 2020. Retrieved 2 June 2020.
  5. "Anglo Indian Members of Parliament (MPs) of India – Powers, Salary, Eligibility, Term". www.elections.in.
  6. 1 2 Sumeet Kaul. "Who are the Anglo-Indians and why do they have a quota in Lok Sabha and some state legislatures?" . Retrieved 2 June 2020.
  7. "In Kerala Anglo-Indians are 100,000 strong, not minuscule 124!". Onmanorama. 13 December 2019. Archived from the original on 21 October 2021. Retrieved 14 September 2023.
  8. "Anglo-Indians yearn for the magical past". 17 December 2011.
  9. Safi, Michael (April 16, 2019). "The two MPs of British descent who do not have to stand in Indian election". The Guardian via www.theguardian.com.
  10. "Anglo Indian MP's In India". www.aiadanapur.org.