2019 – Posted in: Daily News – Tags: Anglo Indians

The Constitution (126th) Amendment Bill, 2019

For: Preliminary & Mains

Topics covered: All about the 126th constitution amendment bill

News Flash

Parliament passed a Constitution amendment bill to extend quota to Scheduled Castes and Scheduled Tribes in Lok Sabha and state assemblies by another 10 years, i.e till January 25, 2030. Reservation for members of SCs and STs, is due to end on January 25, 2020.

The reservation for Anglo-Indians in the form of “nomination” is set to expire on January 25 as the bill does not extend the facility to the community. The government assured to discuss the issue of extension of reservation for Anglo-Indians at a later stage.
With the approval of both the Houses, the bill would now be sent to states for ratification by 50 per cent of the assemblies before it comes into force.
The reservation has been included in Article 334 and therefore the bill seeks to amend the article.

Significance

The extension of the ST-SC quota in the legislatures is being considered significant to encourage the growth of more new political leaders from the two communities.
India currently has 84 MPs from the Scheduled Caste community and 47 MPs from the Scheduled Tribe community. In the state assemblies, there are 614 scheduled caste MLAs and 554 scheduled tribe MLAs.

Article 334

Article 334 lays down that the provisions for reservation of seats and special representation of anglo-indians, SC and ST will cease after 40 years. The clause was included in 1949. After 40 years, it is being amended with an extension of 10 years.

Constitutional Amendment

The Constitution Amendment is making changing in the constitution. According to Article 368, there are two types of Constitutional Amendments namely, the amendment effected by special majority and the amendment effected by special majority and ratification by at least one-half of state legislatures. The special majority requires ratification by two-third of members present at the voting. At the time of voting, more than 50% of the total strength of the house should be present.

Anglo-Indians

The term Anglo-Indian can refer to at least two groups of people: those with mixed Indian and British (specifically English) ancestry and people of British/English descent born or living in India.
The Anglo-Indian community in India traces its origins to an official policy of the British East India Company to encourage marriages of its officers with local women. The term Anglo-Indian first appeared in the Government of India Act, 1935.
Article 366(2) of the Constitution Of India states: “An Anglo-Indian means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only…”
Provision for the nomination of two Anglo-Indians to the Lok Sabha was made under Article 331 of the Constitution. Article 333 of the Constitution deals with the representation of the Anglo-Indian community in the Legislative Assemblies.

Source: India Today