Articles 333 and 334 of the Constitution of India
Articles 333 and 334 form part of Part XVI of the Constitution, which contains special provisions relating to certain classes. Article 333 concerns representation of the Anglo-Indian community in State Legislative Assemblies, while Article 334 fixes the constitutional time limit for specified reservations and special representation.
Article 333: Representation of the Anglo-Indian community in State Legislative Assemblies
Article 333 is a special provision that operates notwithstanding Article 170, which otherwise deals with the composition of State Legislative Assemblies. Its text provides for nomination by the Governor where the Governor is of opinion that the Anglo-Indian community needs representation in the Legislative Assembly and is not adequately represented.
Meaning and effect
The provision historically enabled special representation of the Anglo-Indian community in a State Legislative Assembly through nomination rather than election. However, Article 333 must be read together with Article 334. The constitutional period for the Anglo-Indian nomination contemplated by Article 334(b) expired after seventy years from commencement of the Constitution. Accordingly, the special nomination arrangement did not receive the extension granted to reservation of seats for Scheduled Castes and Scheduled Tribes.
Article 334: Reservation of seats and special representation to cease after certain period
Article 334 is a time-limit provision. It applies notwithstanding the preceding provisions of Part XVI and separately deals with two categories:
- Article 334(a): reservation of seats for the Scheduled Castes and Scheduled Tribes in the House of the People and State Legislative Assemblies; and
- Article 334(b): representation of the Anglo-Indian community in the House of the People and State Legislative Assemblies by nomination.
The current constitutional text provides different periods for these two categories: eighty years for clause (a) and seventy years for clause (b), calculated from the commencement of the Constitution. Article 334 also contains a saving proviso so that existing representation in the House of the People or a State Legislative Assembly is not disturbed before dissolution of that House or Assembly.
Effect of the Constitution (One Hundred and Fourth Amendment) Act, 2019
The 104th Constitutional Amendment substituted the earlier common period in Article 334 with separate periods. It extended the constitutional reservation of seats for Scheduled Castes and Scheduled Tribes to eighty years from commencement of the Constitution, while the period relating to Anglo-Indian representation by nomination remained seventy years. The change came into force on 25 January 2020.
Why older references to "forty years" are outdated
The Constitution originally prescribed a shorter duration and Parliament extended the period through successive constitutional amendments. The expression "forty years" was itself an earlier stage in that amendment history and was later replaced. For present-day legal reference, Article 334 should therefore be read in its amended form rather than by relying on the historic forty-year wording.
Related constitutional provisions
Articles 333 and 334 should be read with Articles 331 and 332, dealing respectively with Anglo-Indian representation in the House of the People and reservation of seats for Scheduled Castes and Scheduled Tribes in State Legislative Assemblies. The following provisions include Articles 335 and 336.
Official source
For the authoritative updated constitutional text, see the Constitution of India published by the Legislative Department, Ministry of Law and Justice.
Note: This page explains the constitutional provisions for general legal information. The text of the Constitution as officially published, together with applicable amendments and judicial interpretation, should be consulted for legal proceedings.