Article 336

Article 336 of the Constitution of India provided a special safeguard for the Anglo-Indian community in relation to employment within certain Union services during the formative years following India’s independence. It was conceived as a temporary and transitional measure to facilitate the integration of the Anglo-Indian community into the administrative framework of the Republic while maintaining continuity with pre-independence service practices.

Constitutional Provision and Objective

Article 336 was specifically designed to ensure that members of the Anglo-Indian community, who had historically been employed in key departments of the colonial administration, such as the railways, customs, postal, and telegraph services, would not be abruptly displaced after independence.
The objective was twofold:

1. To protect the employment interests of Anglo-Indians during the transition to self-governance.
2. To encourage gradual assimilation of the community into the evolving structure of the Indian civil services without compromising administrative efficiency or equality of opportunity.

This article therefore reflected the Constitution’s commitment to providing fair treatment to a small but distinct community that had played a significant role in the administrative machinery of British India.

Clause (1): Reservation in Union Services for Two Years

Clause (1) of Article 336 stipulated that for a period of two years from the commencement of the Constitution (i.e., from 26 January 1950), a specific proportion of posts in certain Union services would be reserved for members of the Anglo-Indian community.
The reservation was to be on the same basis as had existed immediately before 15 August 1947, the date of India’s independence. This meant that the Anglo-Indian employees already serving in departments such as railways, customs, posts, and telegraphs would continue to benefit from preferential employment opportunities in line with pre-existing practices.
The inclusion of this clause recognised the community’s expertise in these technical and administrative fields and ensured that they were not disadvantaged by the political and structural transition from colonial to national governance.

Clause (2): Gradual Reduction of Reservations

Clause (2) introduced a mechanism for the phased reduction of these reservations. Beginning after the initial two-year period, the number of posts reserved for the Anglo-Indian community was to be reduced by 10 per cent every two years.
This process was to continue until the expiry of ten years from the commencement of the Constitution, after which all reservations would cease completely.
This gradual withdrawal demonstrated the framers’ intention that special provisions for the Anglo-Indians would be temporary. It reflected their belief that within a decade, the community would achieve sufficient integration and competitiveness to participate in public services without special assistance.

Clause (3): Continuation of Merit-Based Appointments

Clause (3) of Article 336 ensured that, even after the expiry of the reservation period, members of the Anglo-Indian community would not be excluded from Union services. They could continue to be appointed to any post based on merit, provided they satisfied the required qualifications.
This clause preserved the community’s right to equality of opportunity in public employment under Article 16, affirming that the cessation of reservations would not translate into exclusion or discrimination. It underlined the constitutional principle that while temporary special measures could be justified to correct historical imbalances, merit and equal access must remain the long-term norm in public service recruitment.

Historical Context and Significance

During British rule, Anglo-Indians had traditionally occupied important positions in administrative and technical departments, especially in the Indian Railways, Customs, and Postal Services. Their English education and familiarity with British administrative systems made them valuable intermediaries between the colonial administration and the Indian populace.
However, after independence, as India sought to establish a self-reliant administrative framework, there was a risk that members of this community would face employment insecurity and socio-economic marginalisation. The framers of the Constitution, recognising their contributions and vulnerabilities, introduced Article 336 to provide reassurance and stability during this transitional period.
This provision exemplified the Constitution’s inclusive spirit, balancing compassion for a minority group with the broader principles of equality and meritocracy.

Relation to Other Constitutional Articles

Article 336 was part of a series of provisions intended to safeguard minority and marginalised communities in independent India. It must be viewed alongside the following related articles:

• Article 331: Provided for the nomination of up to two Anglo-Indian members to the House of the People (Lok Sabha).
• Article 333: Allowed the Governor of a State to nominate one Anglo-Indian member to the State Legislative Assembly.
• Article 334: Fixed the duration of reservation and special representation provisions, including those relating to Anglo-Indians, initially for ten years.

Together, these articles constituted a coherent constitutional strategy for the social and political inclusion of the Anglo-Indian community during the early decades of the Republic.

Judicial and Administrative Perspective

No landmark Supreme Court judgments have been directly associated with Article 336. Nevertheless, the constitutional principles underlying the provision have been discussed in the broader context of affirmative action, equality of opportunity, and minority protection.
Judicial interpretations of similar provisions have consistently upheld the validity of temporary special measures as a legitimate tool for achieving social justice, provided they are consistent with the constitutional requirement of equality under Articles 14 and 16.
Administratively, Article 336 was implemented through service regulations and recruitment guidelines that maintained the Anglo-Indian quota for the prescribed period, after which the reservations were systematically withdrawn in accordance with the Constitution.

Expiry and Current Status

Article 336 was self-limiting in its design, as the reservation period automatically ended ten years after the commencement of the Constitution, i.e., on 26 January 1960. Thereafter, appointments of Anglo-Indians to Union services continued strictly on the basis of merit and general eligibility.
While Article 336 has not been formally repealed, it has long ceased to have practical application. Its historical relevance, however, was echoed in later discussions surrounding the representation of Anglo-Indians under Articles 331 and 333, which were eventually discontinued through the 104th Constitutional Amendment Act, 2019.
This amendment, which came into effect on 25 January 2020, abolished the nomination of Anglo-Indian members to both the Lok Sabha and State Legislative Assemblies, signalling the final conclusion of special constitutional provisions for this community.

Broader Implications and Legacy

Article 336 holds enduring significance as a case study in the Indian Constitution’s transitional approach to minority integration. It demonstrated how temporary reservations could be used to support a community during a period of change without institutionalising permanent privileges.
The phasing out of such provisions illustrated the Constitution’s progressive vision—that affirmative measures must ultimately give way to equality through empowerment rather than dependence.
Furthermore, Article 336 reflected the inclusive and humane philosophy of India’s founding leaders, who sought to ensure that the transition from colonial rule to independent governance did not marginalise any community that had contributed to the country’s development.

Contemporary Relevance

Though now obsolete in operation, Article 336 continues to symbolise India’s commitment to fair treatment for minority communities during times of national transition. It remains a constitutional reminder that diversity and inclusion were fundamental principles guiding India’s early public policy decisions.