Article 331 and Article 332 of the Constitution of India
Articles 331 and 332 form part of Part XVI of the Constitution, which contains special provisions relating to certain classes. Article 331 contains the constitutional text concerning representation of the Anglo-Indian community in the House of the People, while Article 332 provides for reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.
Article 331: Representation of the Anglo-Indian community in the House of the People
Meaning: Article 331 was the enabling provision under which the President could nominate not more than two members of the Anglo-Indian community to the House of the People, commonly known as the Lok Sabha, if that community was not adequately represented.
Constitutional text: Notwithstanding anything in Article 81, the President may, if of the opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People.
Is nomination under Article 331 still operative?
No. Article 334(b) provided a time limit for representation of the Anglo-Indian community in the Lok Sabha and State Legislative Assemblies by nomination. The Constitution (One Hundred and Fourth Amendment) Act, 2019 prescribed seventy years from commencement of the Constitution for this form of special representation. Consequently, the nomination arrangement ceased to have effect from 25 January 2020, subject to the saving in Article 334 for representation continuing until dissolution of the then existing House or Assembly.
Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in State Legislative Assemblies
Meaning: Article 332 constitutionally requires reservation of seats for Scheduled Castes and Scheduled Tribes in State Legislative Assemblies. The number of reserved seats is generally linked, as nearly as may be, to the proportion of the relevant Scheduled Caste or Scheduled Tribe population to the total population of the State, subject to the special provisions contained in the Article.
Clause (1): Seats are reserved for the Scheduled Castes and the Scheduled Tribes, except the Scheduled Tribes in the autonomous districts of Assam, in the Legislative Assembly of every State.
Clause (2): Seats are also reserved for the autonomous districts in the Legislative Assembly of Assam.
Clause (3): The number of seats reserved for Scheduled Castes or Scheduled Tribes in a State Legislative Assembly must bear, as nearly as may be, the same proportion to the total seats in the Assembly as the relevant SC or ST population bears to the total population of the State.
The Explanation associated with Article 330 also applies to Article 332 for the meaning of population. Until relevant figures for the first census taken after 2026 are published, the constitutional reference is construed as a reference to the 2001 Census.
Special provisions under Article 332
Clauses (3A) and (3B)
Article 332 contains transitional safeguards concerning Scheduled Tribe representation in the Legislative Assemblies of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland under clause (3A), and Tripura under clause (3B). These provisions operate until the relevant readjustment under Article 170 takes effect on the basis of the first census after 2026.
Autonomous districts of Assam
Clause (4) requires the number of seats reserved for an autonomous district in the Assam Legislative Assembly to bear to the total Assembly seats a proportion not less than the population of that district bears to the total population of Assam. Clause (5) provides that a constituency reserved for an autonomous district of Assam shall not comprise an area outside that district.
Clause (6) restricts eligibility for election from such an autonomous district constituency to members of a Scheduled Tribe of that autonomous district. A proviso inserted by the Constitution (Ninetieth Amendment) Act, 2003 protects the representation of Scheduled Tribes and non-Scheduled Tribes in constituencies included in the Bodoland Territorial Areas District as specified in the constitutional text.