Article 331

Article 331 of the Indian Constitution provided a special mechanism for the political representation of the Anglo-Indian community in the House of the People, or Lok Sabha. This provision was designed to ensure that this small and distinct minority group, whose population had declined after Indian independence, was not deprived of a voice in the nation’s legislative process. It stood as an exceptional measure within the broader framework of parliamentary representation, serving both a symbolic and practical purpose in the early years of the Republic.

Background and Context

The Anglo-Indian community, as defined in Article 366(2) of the Constitution, refers to persons whose father or any male progenitor belonged to the European lineage but who were domiciled in India and born of Indian mothers. Historically, this community emerged during the British colonial period and occupied a unique socio-cultural position, bridging Indian and European identities. Following independence in 1947, the Anglo-Indian population was relatively small and lacked adequate political representation through direct elections, prompting the framers of the Constitution to make a special provision for their inclusion in the legislature.
In the Constituent Assembly debates, leaders such as Frank Anthony, a prominent Anglo-Indian member, strongly advocated for this safeguard. Dr. B. R. Ambedkar and other members acknowledged the community’s contributions and vulnerabilities, leading to the inclusion of Article 331 as a measure of inclusivity and assurance.

Exception to Article 81

While Article 81 of the Constitution outlines the general composition of the Lok Sabha based on directly elected representatives, Article 331 served as an exception. It empowered the President of India to nominate a maximum of two members of the Anglo-Indian community if, in his or her opinion, the community was not adequately represented in the House. This provision did not alter the elective structure of the Lok Sabha but added a discretionary element to ensure inclusiveness.
The President’s discretion, however, was not absolute. In accordance with Article 74, the President was bound by the advice of the Council of Ministers while exercising this power. Thus, the nomination process operated within the framework of constitutional conventions and the parliamentary system of governance.

Purpose and Significance

The primary objective of Article 331 was to safeguard the political interests of a minority community that might otherwise remain underrepresented due to its small demographic strength. It reflected the Constitution’s commitment to social justice and equality, ensuring that every segment of Indian society, irrespective of size or influence, had an opportunity to participate in national decision-making.
The provision also underscored the inclusive vision of the Indian Constitution, demonstrating its flexibility in addressing the needs of diverse communities within a democratic structure. While other minority groups were protected through cultural, educational, or religious rights, the Anglo-Indians received a direct form of legislative representation.

Rights and Privileges of Nominated Members

The Anglo-Indian members nominated under Article 331 enjoyed the same rights, privileges, and responsibilities as other elected members of the Lok Sabha. They had full voting rights on all legislative matters and could participate in debates, propose bills, and serve on parliamentary committees.
However, a specific limitation was imposed concerning the election of the President of India. As clarified in the Supreme Court case Lily Thomas v. Speaker, Lok Sabha (1993), nominated members of the Lok Sabha were not entitled to vote in the Presidential election. This distinction maintained the principle that only elected representatives should participate in electing the Head of State.

Temporary Nature and Constitutional Extensions

Originally, the representation of the Anglo-Indian community was intended as a temporary measure. The framers of the Constitution had included this and similar provisions with the understanding that they would be reviewed periodically as the socio-political landscape evolved. The provision was to last for ten years from the commencement of the Constitution in 1950.
Nevertheless, recognising the continued need for this safeguard, Parliament extended the provision several times through constitutional amendments, including the 8th (1959), 23rd (1969), 45th (1980), 62nd (1989), 79th (1999), and 95th (2009) Amendment Acts. Each extension prolonged the period for another ten years, reaffirming the state’s commitment to protecting the interests of the Anglo-Indian community.

Discontinuation by the 104th Amendment Act, 2019

The 104th Constitutional Amendment Act, 2019, which came into effect on 25 January 2020, brought an end to this long-standing provision. It discontinued the nomination of Anglo-Indian members to both the Lok Sabha under Article 331 and to State Legislative Assemblies under Article 333. The government justified the move on the basis that the Anglo-Indian population had become extremely small and was already integrated into mainstream society, making the special representation redundant.
As a result, after this amendment, Article 331 became inoperative, marking the end of a significant chapter in India’s constitutional history.

Notable Nominated Members

Over the decades, several prominent figures represented the Anglo-Indian community in the Lok Sabha. Among them were Frank Anthony, a leading educationist and constitutional advocate; A. E. T. Barrow, who played a role in early parliamentary debates; and Beatrix D’Souza, who contributed to discussions on minority and educational issues. In the 16th Lok Sabha (2014–2019), the last nominated members were George Baker and Richard Hay, both of whom represented the community before the discontinuation of the provision.

Parallel Provision in State Legislative Assemblies

A similar safeguard was incorporated for State Legislatures under Article 333 of the Constitution. This allowed Governors to nominate one member of the Anglo-Indian community to the respective State Legislative Assembly under the same condition of inadequate representation. Like Article 331, this provision was also rendered inactive following the 104th Amendment.

Legacy and Constitutional Importance

Article 331 holds a unique place in Indian constitutional history as an illustration of the country’s inclusive and pluralistic vision. It represented an early recognition that equality sometimes requires differential treatment to ensure fairness and balance. While the provision no longer operates, its historical role in promoting minority participation and its demonstration of India’s respect for cultural diversity remain significant. The representation of the Anglo-Indian community through Article 331 thus stands as a symbol of India’s constitutional commitment to protecting even its smallest communities within the democratic framework.