A group of Anglo-Indians filed a petition claiming that the 104th Constitutional Amendment unjustly abolished their representation, which was guaranteed by the Constitution’s founders.
A petition has been filed in the Delhi High Court asking for the restoration of Anglo-Indian representation in Parliament and State Assemblies through reservation.
The Federation of Anglo-Indian Associations filed a petition challenging the 104th amendment to the Indian Constitution, which, while extending the reservation of seats for Scheduled Caste and Scheduled Tribes in the Lok Sabha and State Assemblies for another ten years, removed it for the Anglo-Indian community.
WHO ARE ANGLO INDIANS?
In the government of India act 1935, Anglo Indian is a person whose father or male side member is of the European descent and mother is Indian only.
WHO ARE ANGLO INDIANS IN LOK SABHA?
At the time of the independence, the Anglo Indian community is no the less number but they are unable to represent themself in the parliament so, under article 331 of the Indian constitution, constitution-makers introduced the reservation for Anglo Indians in the Lok Sabha, Two people were nominated by the president of India if by the general election they were me selected or unable to represent their self.
On Friday, a division bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla heard the case and said it wanted to see what the writers of the Constitution were thinking during the Constituent Assembly debates on the topic and whether the same situation exists today.
As a result, it requested that the Central government present necessary documents and parliamentary committee deliberations on the subject within six weeks, and scheduled a preliminary hearing for November 18.
The petition claimed that the 104th amendment unlawfully eliminated the political representation allocated to the Anglo-Indian community by the Constituent Assembly, violating the ideals of equality and the underlying principles in the Constitution’s Preamble.
Speaking for the Central government, Additional Solicitor General (ASG) Chetan Sharma argued that there are only 296 Anglo-Indians left in the country, according to latest census data, and that their representation was only for a limited period.
“There is a discernible difference after the 104th amendment.” They (the Anglo-Indian community) have all urbanised if backwardness is the criterion. Where is the repressiveness? There are polls… The majority of them currently live in cities. They are not retrograde. There is societal backwardness for SC/ST. “That’s the distinction,” ASG explained.
The petitioner’s lawyer, Kuriakose Varghese, claimed that one village was being singled out because of its small size.
“I would reject what has been said regarding numbers right away.” According to them, Kerala has only 12 Anglo-Indians. The number is significantly higher. Part XVI of the constitution, however, poses the greatest obstacle. It is concerned with the protection of specific groups. The SC/ST and Anglo-Indian communities have been given specific protection. Reservations were possible… “Their right to representation is shattered when it comes to smaller microscopic communities,” the attorney stated.
The bench, on the other hand, questioned how the community will assimilate into society if these protections are maintained.
People from the Anglo-Indian community can intertwine with society and subsequently emerge as leaders, according to Justice Sanghi.
“It was vital to convey some confidence that they would be safeguarded at that period of independence.” However, after 70 years, it is past time for them to unite. What is the point now… The goal has been accomplished. “The community has come together,” Justice Chawla observed.
The petition was submitted by KMNP Law.
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