Constitution (131st Amendment) Bill, 2026

Blitz Bureau

NEW DELHI: The Constitution (One Hundred and Thirty-First Amendment) Bill, 2026, introduced in the Lok Sabha by Union Minister of State (Independent Charge) for Law and Justice Arjun Ram Meghwal represents a pivotal shift in the country’s electoral and demographic governance. The Bill’s primary objective is to de-freeze the seat allocation in the Lok Sabha and state Legislative Assemblies, which has been largely stagnant since the 1971 Census. By doing so, the Bill aims to synchronise the implementation of women’s reservation with a fresh delimitation exercise based on the latest published Census figures.

Revision of seat allocation and composition

One of the most significant changes is the amendment to Article 81, which governs the composition of the Lok Sabha. The Bill proposes to increase the maximum number of members:

* States: Increased to not more than 815 members (up from 530).

* Union Territories: Increased to not more than 35 members (up from 20).

This expansion acknowledges the substantial population growth and internal migration shifts that have occurred over the last several decades, addressing the “wide disparities” between current constituency sizes.

Redefining ‘Population’ for delimitation

The Bill systematically amends Articles 55, 81, 170, 330, and 332 to change how ‘population’ is defined for electoral purposes.

* The end of the 1971 / 2001 freeze: Previously, the 84th and 87th Amendments froze seat allocation based on 1971 data and constituency boundaries on 2001 data until the first Census after 2026.

* New Definition: Under the proposed Bill, ‘population’ will mean the figures from the latest Census as determined by Parliament and published.

* Delimitation Commission: Articles 82 and 170 are amended to explicitly state that the Delimitation Commission will carry out the readjustment of seats and boundaries on the basis of this new census data.

Operationalising women’s reservation

A central pillar of this Bill is the substitution of Article 334A to expedite the ‘Nari Shakti Vandan Adhiniyam’ (The Constitution 106th Amendment Act, 2023).

* Immediate trigger: The original 2023 Act required waiting for the first Census after its commencement followed by a delimitation exercise. This Bill seeks to operationalise the one-third reservation for women immediately following a delimitation exercise based on the ‘latest published Census’.

* Expanded Scope: The reservation applies to the Lok Sabha, state Legislative Assemblies, and the Assemblies of Delhi, Puducherry, and Jammu & Kashmir.

* Rotation and sunset clause: Seats will be allotted by rotation to different constituencies. The reservation is set for an initial period of 15 years, unless extended by Parliament.

Special provisions for Scheduled Tribes

The Bill updates Article 332 regarding reservations for Scheduled Tribes (STs) in the northeastern states (Arunachal Pradesh, Meghalaya, Mizoram, Nagaland, and Tripura).

* Readjustment formula: Upon the new seat readjustment under Article 170, the number of reserved ST seats must maintain a proportion relative to the total seats that is not less than the proportion in the existing Assembly.

* Arunachal, Meghalaya, Mizoram, and Nagaland: If all seats were previously held by ST members, all but one seat will remain reserved.

Rational and strategic goals

The Statement of Objects and Reasons of the Bill highlights that the 1971 freeze, while once serving a policy purpose, now fails to reflect “rapid urbanisation and migration”. The Bill argues that:

* Waiting for the next Census and subsequent delimitation would delay the “dedicated participation of women” in Indian democracy.

* The goal is to promote women empowerment and inclusivity, aligning with the national vision of Viksit Bharat@2047.

In essence, the Bill removes the legal barriers (the third provisos to Articles 82 and 170) that prevented seat readjustment until after 2026, allowing the Government to redraw the political map of India using current demographic realities while finally bringing women into one-third of legislative seats.

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