Reservation Provisions

Special Representation for Anglo-Indians is a constitutional provision that grants the Anglo-Indian community representation in the Lok Sabha and state legislative assemblies through nomination, rather than through election. Unlike the reservation system provided to Scheduled Castes and Scheduled Tribes, the Anglo-Indian community receives special representation because, as a numerically extremely small community dispersed throughout India, it would be unable to secure seats through the electoral process. The Constitution defines an Anglo-Indian as "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." The rationale for this special provision recognizes that Anglo-Indians constitute a religious, social, and linguistic minority requiring constitutional protection to ensure their voice in legislatures. The President of India can nominate up to two members of the Anglo-Indian community to the Lok Sabha if the community is not adequately represented. Similarly, the Governor of a state can nominate one member of the Anglo-Indian community to the state legislative assembly under the same condition. Originally intended to operate for ten years until 1960, this provision has been extended repeatedly. Under the 95th Amendment Act of 2009, special representation for Anglo-Indians was extended until 2020, with the justification that although progress has been made, the reasons necessitating this provision have not ceased to exist.

Article 335 of the Constitution of India addresses the claims of Scheduled Castes (SCs) and Scheduled Tribes (STs) regarding appointments to services and posts under the Union and the states. It mandates that their claims must be taken into consideration while making these appointments. However, this consideration should not compromise the efficiency of administration. To further facilitate their representation and ensure administrative efficiency is not an absolute bar, the 82nd Amendment Act of 2000 introduced a provision. This amendment allows for relaxation in qualifying marks in examinations or lowering of evaluation standards specifically for SCs and STs, when considering them for reservations in matters of promotion to public services at both the Central and state levels.

Part XVI of the Constitution (Articles 330–342A) contains special provisions for Scheduled Castes (SCs), Scheduled Tribes (STs), Backward Classes (BCs/OBCs), and Anglo-Indians. These provisions aim to realise the Preamble's objectives of equality and justice. They cover reservation in legislatures, special representation, reservation in services/posts, educational grants, and national commissions. Some provisions are **permanent** (reservation for SCs/STs in services), while others are **temporary** (seat reservations in legislatures, originally for 10 years, periodically extended). The specification of which castes/tribes constitute SCs and STs is left to the President (by notification, after consulting the Governor). Parliament — not a subsequent Presidential notification — must make any addition or exclusion. The 102nd Amendment Act 2018 similarly empowered the President to specify OBCs. Special provisions can be classified as **Permanent and Temporary** (some are permanent features while others operate for specified periods) and **Protective and Developmental** (some protect from injustice and exploitation while others promote socio-economic interests).