Part XVI: Special Provisions Relating to Certain Classes

Article 336: Special Provision for Anglo-Indian Community in Certain Services

Original Article:

During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal, and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947. During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten percent than the numbers so reserved during the immediately preceding period of two years:

Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease.

Nothing in this clause shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities.

Explanations:

Article 336 provides a temporary reservation for the Anglo-Indian community in specific Union services like railways, customs, postal, and telegraph. The provision aimed to ensure the community’s equitable transition into independent India’s administrative framework while encouraging merit-based appointments.

Clause-by-Clause Explanation:

Initial Reservation for Anglo-Indians:

The article mandates that appointments to specified Union services for Anglo-Indians should continue on the same basis as before independence for the first two years after the Constitution’s commencement.

Phased Reduction of Reserved Posts:

The reservation in these services was to reduce by 10% every two years, ceasing entirely after ten years. This aimed to encourage integration into a merit-based system gradually.

Merit-Based Appointments:

The clause ensures that Anglo-Indians can still be appointed to services on merit beyond the reserved posts, promoting equality and inclusivity.

Historical Significance:

Article 336 reflects India’s acknowledgment of the Anglo-Indian community’s significant contributions during the colonial era, especially in railways and communication services. The phased transition aimed to provide security and inclusivity during India’s formative years.

Amendments:

No major amendments have been made to Article 336 since its inception, as the provision was temporary and ceased after ten years.

Debates and Deliberations:

During the Constituent Assembly debates, members emphasized the need for transitional safeguards for the Anglo-Indian community, recognizing their unique position and contributions while ensuring a path toward merit-based appointments.