Actual Article
Article 336: Special provision for Anglo-Indian community in certain services
(1) During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railways, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August, 1947.
(2) During every succeeding period of two years, the number of posts filled by appointments of members of the Anglo-Indian community in the said services shall, as nearly as possible, be less by ten percent than the numbers so filled in 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.
(3) Nothing in this article shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those specified in clauses (1) and (2) if such members are found qualified for appointment on merit as compared with the members of other communities.
UPSC Notes for Article 336
Explanation:
- Initial Reservation: Clause (1) mandates that during the first two years after the commencement of the Constitution, appointments of Anglo-Indians to specific Union services (railways, customs, postal, and telegraph) should be made on the same basis as before August 15, 1947.
- Gradual Reduction: Clause (2) stipulates that the number of posts filled by Anglo-Indians in these services should decrease by 10% every two years, with all reservations ceasing after ten years.
- Merit-Based Appointments: Clause (3) allows for the appointment of Anglo-Indians to posts on merit, in addition to the reserved posts, if they are qualified.
Key Points:
- Transitional Provisions: Article 336 provides for transitional arrangements to gradually phase out reservations for the Anglo-Indian community in certain Union services.
- Phase-Out Mechanism: Specifies a clear mechanism for reducing the number of reserved posts over time, ensuring a phased transition to a merit-based system.
- Merit-Based Inclusion: Encourages the inclusion of Anglo-Indians in Union services based on merit, promoting equal opportunity.
Important Cases and Commissions Related to Article 336
Cases:
- No landmark Supreme Court cases specifically interpreting Article 336, as it deals with transitional provisions for reservations, which were time-bound and have ceased to apply.
Commissions:
- National Commission for Minorities: Addresses issues related to the representation and welfare of minority communities, including the Anglo-Indian community.
- Various Minority Commissions: At the state and national levels, these bodies continue to monitor the status and needs of minority communities.
Important Reports Related to Article 336:
- National Commission for Minorities Reports: Provide insights into the representation and inclusion of Anglo-Indians in various sectors.
- Law Commission Reports: Discuss the legal frameworks for minority reservations and suggest reforms to enhance inclusivity.
Previous Year Prelims Questions Related to Article 336
- (UPSC Prelims 2016) According to Article 336, for how long were appointments of members of the Anglo-Indian community to certain Union services to be made on the same basis as before August 15, 1947?
A. For the first five years
B. For the first two years
C. For the first ten years
D. Indefinitely Correct Answer: B. For the first two years - (UPSC Prelims 2018) What does Article 336(3) of the Indian Constitution stipulate regarding the appointment of Anglo-Indians to posts other than those specified in clauses (1) and (2)?
A. They cannot be appointed
B. They can be appointed only if no other candidates are available
C. They can be appointed if found qualified on merit
D. They must be appointed on a reserved basis Correct Answer: C. They can be appointed if found qualified on merit
Previous Year Mains Questions Related to Article 336
- Mains 2016: “Discuss the significance of Article 336 in the context of transitional provisions for the Anglo-Indian community in certain Union services. How did these provisions balance the need for representation with the transition to a merit-based system?”
- Mains 2019: “Evaluate the impact of the phased reduction of reservations under Article 336 on the Anglo-Indian community. What are the potential benefits and challenges of transitioning to a merit-based system?”
Additional Insights:
- Transitional Justice: Article 336 provided a mechanism for transitional justice for the Anglo-Indian community, ensuring their representation in critical Union services during the early years of independence.
- Phased Inclusion: The phased reduction of reservations ensured a gradual transition, minimizing disruptions while promoting merit-based inclusion.
- Legacy of Inclusivity: Although the specific reservations under Article 336 have ceased, the article’s legacy continues to highlight the importance of inclusive policies for minority communities.
Understanding Article 336 is crucial for UPSC aspirants as it provides insights into the transitional provisions for minority reservations in India’s constitutional framework. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the inclusion of minority communities in public services and the transition to merit-based systems.