Part V: The Union

Chapter II: Parliament

Article 81: Composition of the House of the People

--- Original Article ---

1. The House of the People shall consist of—

• (a) not more than 530 members chosen by direct election from territorial constituencies in the States; and
• (b) not more than 20 members to represent the Union territories, chosen in such manner as Parliament may by law provide.

2. For the purposes of sub-clause (a) of clause (1),—

• (a) there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States;
• (b) each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State.

3. In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:

• (i) For the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and
• (ii) For the purposes of sub-clause (b) of clause (2) as a reference to the 2001 census.

Explanations

Article 81 of the Indian Constitution outlines the composition and structure of the Lok Sabha (House of the People). It establishes the maximum number of members representing the States and Union Territories. This provision ensures that the composition of the Lok Sabha reflects the demographic diversity of India while balancing the representation of States and Union Territories.

Clause-by-Clause Explanation

Clause (1): Structure of Representation

The Lok Sabha’s structure allows up to 530 representatives from the states and an additional 20 from Union territories. This division aims to address India's vast regional and demographic diversity, with representatives chosen by direct election.

Amendments and Significance: These provisions have been modified to reflect the realities of India's growing population. The Constitution (Eighty-fourth Amendment) raised the number of possible representatives to accommodate the expanding electorate.

Clause (2): Population-Based Allocation

Sub-clause (a) ensures that each state’s representation in the Lok Sabha is proportional to its population, promoting equal representation among states.

Sub-clause (b) mandates that states be divided into territorial constituencies, maintaining a balance in the population-to-seat ratio within each state.

Proviso: The proviso excludes smaller states with populations under six million from strict proportional requirements, allowing for a degree of flexibility.

Clause (3): Defining Population Reference

For implementing Article 81, the term “population” aligns with the most recent census, currently the 1971 census data per the Eighty-fourth Amendment until post-2026. This stipulation ensures stability in Lok Sabha representation by holding population data constant, preventing frequent shifts in seat allocation.

Amendments and Historical Significance

Over time, Article 81 has adapted to changes within India’s demographic landscape. The amendments reflect an effort to modernize the electoral framework while balancing national growth with regional representation needs. The decision to use the 1971 census data until after 2026 showcases a careful approach to managing demographic disparities.

Amendments

• Constitution (Forty-second Amendment) Act, 1976: Added provisions for population-based allocation of seats and constituency division. This amendment aimed to standardize the population-to-seat ratio across states, introducing the requirement that representation should be based on the latest census data.
• Constitution (Eighty-fourth Amendment) Act, 2001: Updated the permissible number of seats in the House of the People to reflect India’s population growth. This amendment increased the number of seats for states to a maximum of 530 and for Union territories to 20.
• Constitution (Eighty-seventh Amendment) Act, 2003: Updated census references to 2001 data for the purpose of territorial constituency divisions, but kept the 1971 data for the proportional representation of states until after 2026.

Real-Life Example

• The reliance on the 1971 census data protects regions with lower population growth rates from losing seats, a consideration that arose as India’s population became increasingly unevenly distributed. For example, this impacts how southern states retain their historical representation levels.
• This proportional allocation ensures that larger states like Maharashtra gain additional seats while smaller states maintain adequate representation, preserving the Union's federal character.

Legislative History

Article 81 of the Indian Constitution, originally drafted as clauses (5) to (8) of Article 67, was extensively deliberated on January 3rd and 4th, 1949, and revisited on October 10th, 13th, and 17th, 1949.

Debates and Amendments

In the Constituent Assembly debates, Prof. K. T. Shah argued for the deletion of Clause (2), contending that even minimal nomination undermines the principle of a fully elected body and disrupts its structure. Additionally, Shah found the classification of fields like art, science, and education illogical and overlapping. Although Dr. Ambedkar's amendment aimed to simplify this, Shah believed it still did not address the core issues.

Shri Lokanath Misra proposed reducing the membership in the House of the People from 530 to 450, believing that this would result in a more manageable and efficient assembly.

Shri Lakshminarayan Sahu opposed the nomination of legislative members, fearing favoritism accusations against the President and urging for elections of qualified individuals instead.