Article 82 of the Indian Constitution is a crucial provision that addresses the dynamic nature of population distribution within the country and its impact on parliamentary representation. It mandates a process of readjustment of seats in the House of the People (Lok Sabha) allocated to each state, as well as the redrawing of boundaries of parliamentary constituencies within each state, following every decadal census. This mechanism is designed to ensure that representation in the Lok Sabha remains proportional to the population, reflecting demographic changes over time.
However, the practical application of Article 82 has seen significant modifications through constitutional amendments, primarily to address concerns related to population control policies and the potential disproportionate impact on states that have successfully controlled population growth. Consequently, while the article mandates readjustment after each census, the actual exercise of seat allocation and constituency delimitation has been deferred multiple times, based on older census data than the most recent one.
Original Text
82. Readjustment after each census.
Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:
Provided that such readjustment shall take effect from such date as the President may, by order, appoint and shall, until the completion of the next census, be on the basis of such census:
Provided further that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust— (i) the allocation of seats in the House of the People to the States as readjusted on the basis of the 1971 census; and (ii) the division of each State into territorial constituencies as may be readjusted on the basis of the 2001 census, for the purposes of election to the House of the People.
Detailed Explanation
Article 82 lays down the constitutional requirement for readjusting the representation of states in the Lok Sabha and the internal division of states into constituencies after every decadal census. The purpose is to maintain proportionality between population and representation.
The mechanism involves:
- Completion of Census: The process is triggered after the completion of each decadal census, which provides updated population data.
- Law by Parliament: Parliament is empowered to enact a law to determine the authority responsible for this readjustment and the manner in which it is to be carried out. This authority is typically the Delimitation Commission, constituted under a parliamentary Act (Delimitation Act).
- Readjustment Scope: The readjustment covers two aspects:
- Allocation of the total number of seats in the Lok Sabha among the states. This ensures that states with larger populations get more seats than states with smaller populations, maintaining the principle of “one person, one vote” across states as much as possible.
- Division of each state into territorial constituencies. This involves redrawing constituency boundaries within a state to ensure that, as far as practicable, all constituencies within that state have roughly equal populations.
The first proviso states that the readjustment comes into effect from a date appointed by the President and remains valid until the next census is completed.
The second proviso, added through amendments, introduces a crucial limitation on the original mandate. It effectively froze the readjustment process for several decades:
- Initial Freeze (1976): The 42nd Amendment Act, 1976, froze the allocation of seats in the Lok Sabha to the states and the division of states into constituencies until the first census after the year 2000. This was based on the 1971 census data. The rationale was to avoid penalizing states that had adopted successful family planning programs by reducing their representation in Parliament.
- Extension of Freeze (2001): The 84th Amendment Act, 2001, extended this freeze on the allocation of seats in the Lok Sabha to the states until the first census taken after the year 2026. This allocation remains based on the 1971 census figures.
- Partial Readjustment (2003): The 87th Amendment Act, 2003, allowed for the readjustment of territorial constituencies within the states, but without altering the total number of seats allocated to each state (which remains based on the 1971 census). This delimitation of constituencies within states was mandated to be carried out on the basis of the 2001 census figures.
Therefore, currently:
- The total number of Lok Sabha seats (currently 543) and their allocation among states are based on the 1971 census.
- The boundaries of parliamentary constituencies within each state are drawn based on the 2001 census.
- The next comprehensive readjustment (both seat allocation among states and internal delimitation based on the latest census) is scheduled to take place only after the first census conducted following 2026.
This prolonged freeze means that the current representation in the Lok Sabha does not accurately reflect the present population distribution across states, leading to disparities where states with higher population growth since 1971 are relatively underrepresented, while states with lower growth or population decline are relatively overrepresented.
Detailed Notes
- Mandates readjustment of Lok Sabha seats and constituencies after each census.
- Applies to two aspects:
- Allocation of total seats in the Lok Sabha among the states.
- Division of each state into territorial constituencies.
- Process is determined by a law enacted by Parliament.
- Parliament’s law establishes the authority (usually a Delimitation Commission) and the manner of readjustment.
- Readjustment takes effect from a date specified by Presidential order.
- Originally intended to be based on the most recent census after each decadal count.
- Historical Amendments & Freeze:
- 42nd Amendment Act, 1976: Froze allocation of seats among states and division into constituencies until the first census after 2000, based on the 1971 census.
- 84th Amendment Act, 2001: Extended the freeze on the allocation of seats to the States until the first census after 2026. This allocation remains based on the 1971 census.
- 87th Amendment Act, 2003: Permitted the division of territorial constituencies within states to be readjusted, but based on the 2001 census, without changing the total number of seats allocated to each state (which stays based on 1971 data).
- Current Status:
- Lok Sabha seat allocation among states: Based on 1971 census.
- Delimitation of constituencies within states: Based on 2001 census.
- Freeze on comprehensive readjustment (both seat allocation and internal delimitation based on latest census) is in effect until the first census after 2026.
- Rationale for Freeze: To encourage states to adopt population control measures without fearing a reduction in their parliamentary representation.
- Delimitation Commission: A statutory body constituted under Acts passed by Parliament under the authority of Article 82. Its orders have the force of law and are generally not subject to judicial review (though judicial review exists on grounds of illegality or arbitrary exercise of power, direct challenges to the validity of the orders or the delimitation process are barred under Article 329(a)).
Additional Comments
- The freeze on seat allocation based on the 1971 census means that states with high population growth since 1971 are significantly underrepresented in the Lok Sabha relative to their current population share. Conversely, states with low growth are overrepresented.
- This creates an imbalance in the weight of a vote across different states, impacting the principle of equal representation.
- The post-2026 readjustment will likely lead to a significant shift in the balance of power in the Lok Sabha towards states with higher population growth, particularly in the northern parts of India.
- The process of readjustment is complex and often politically sensitive, involving the Delimitation Commission in drawing boundaries that aim for population equality while considering geographical contiguity, administrative units, and communication facilities.
Summary
Article 82 of the Indian Constitution requires the readjustment of Lok Sabha seats allocated to states and the redrawing of constituency boundaries within states after each census to reflect population changes. This is done by an authority established by a law of Parliament, typically the Delimitation Commission. However, through constitutional amendments, the comprehensive readjustment based on the latest census figures has been frozen. Currently, the allocation of Lok Sabha seats among states is based on the 1971 census, while the division of constituencies within states is based on the 2001 census. This freeze on full readjustment is in effect until the first census conducted after the year 2026, a measure initially adopted to avoid penalizing states that successfully implemented population control policies. This delay has resulted in disparities in representation based on current population figures across different states.