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A plea has been filed in the Delhi High Court seeking directions to restore the representation of the Anglo-Indian community in the House of the People and in the Legislative Assembly of the States by nomination, which has been done away with by the 104th amendment to the Indian Constitution. 

A division bench of acting Chief Justice Hon'ble Mr. Vipin Sanghi J. and Hon'ble Mr. Naween Chawla J., have issued notice and directed the centre to file its response to the petition.While the petitioners argued that  the provision for representation of the Anglo-Indian community by nomination in Lok Sabha had been introduced to assure the community’s members that they will be protected and heard when they stay back, the court orally observed that 70-80 years since then, the objective stands achieved. The court has further asked the government to justify the rationale behind the move to reserve two seats in Lok Sabha.

Advocate Kuriakose Varghese appeared for the petitioner and challenged The Constitution (One Hundred and Fourth Amendment) Act, 2019 as being ultra vires the Constitution to the extent that it removes the constitutional safeguard under Articles 331, 333 and 334, vis-à-vis, Anglo-Indian Community in derogation of Fundamental Rights enumerated in Articles 14, 21 and 29 and to strike down the same.

The plea also seeks to declare that the 104th Amendment as violative of the basic structure doctrine and other constitutional rights enshrined under Articles 333 and 334, to the extent the same excludes only Anglo-Indian representation from the Parliament and Assemblies. 

The matter has now been listed for November, 18. 

Cause title:- The Federation of Anglo-Indian Associations in India v. Union of India and Ors.