Article 333 of the Costitution of India with Case law
🇮🇳 Article 333 of the Constitution of India
Topic: Representation of the Anglo-Indian community in the Legislative Assemblies of the States
(Found in Part XVI – Special Provisions Relating to Certain Classes)
🔹 Text of Article 333 (Simplified):
The Governor of a State may nominate one member of the Anglo-Indian community to the Legislative Assembly of the State if he/she believes that the community is not adequately represented in the Assembly.
🟠 This provision was meant as a temporary safeguard to protect the representation of a minority community.
🧾 Background & Purpose:
Anglo-Indians were a small minority group in post-independence India.
As they rarely won elections due to small numbers, Articles 331 (Lok Sabha) and 333 (State Assemblies) allowed nomination to ensure representation.
🔚 Status of Article 333 (After 104th Constitutional Amendment):
The 104th Amendment Act, 2019, abolished the provision for Anglo-Indian nomination in both Parliament and State Assemblies.
Effective from January 25, 2020.
Therefore, Article 333 now stands inoperative in practice, though it has not been repealed from the Constitution text.
⚖️ Important Case Laws Related to Article 333:
🔹 1. A.C. Jose v. Sivan Pillai, AIR 1984 SC 921
Issue: Validity of the vote cast by a nominated Anglo-Indian member.
Held: Nominated members under Article 333 have the same rights as elected members except in the election of the President (Article 55).
Confirmed the legitimacy of their participation in debates and voting (except certain special cases).
🔹 2. M. M. Mani v. Governor of Kerala, (Kerala HC, 2020)
After the 104th Amendment, the nomination of an Anglo-Indian was challenged.
Held: After the amendment, no further nomination can be made under Article 333.
The Court declared any such nomination ultra vires (beyond constitutional power).
🔹 3. Lily Thomas v. Speaker, Lok Sabha, AIR 1993 SC 1986
Although the main issue involved disqualification, the Court commented that nominated members are bound by constitutional duties and enjoy limited powers (e.g., can’t vote in President's election).
✅ Summary Table:
| Feature | Details |
|---|---|
| Article | 333 |
| Applies to | State Legislative Assemblies |
| Beneficiary | Anglo-Indian community |
| Power Vested In | Governor of the State |
| Purpose | Ensure representation of Anglo-Indians |
| Status Today | Inactive (after 104th Amendment in 2020) |
| Number of Members Nominated | One per State (if needed) |
📜 104th Constitutional Amendment (2019) – Key Change:
Removed Anglo-Indian nomination from:
Lok Sabha (Article 331)
State Assemblies (Article 333)
Continued reservation for SC/ST communities for another 10 years.
🧭 Related Articles:
| Article | Subject |
|---|---|
| 331 | Anglo-Indian nomination to Lok Sabha (now removed) |
| 333 | Anglo-Indian nomination to State Assemblies |
| 334 | Time limit on special representation (amended multiple times) |
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