Part V: The Union

Chapter II: Parliament

Article 82: Readjustment after each Census

--- Original Article ---

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 not affect representation in the House of the People until the dissolution of the then existing House.

Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment:

Provided also 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, under this article.

Explanations

Article 82 mandates the periodic readjustment of seats allocated to States in the Lok Sabha (House of the People) and the division of each State into territorial constituencies. This adjustment occurs after each national census to reflect demographic changes, ensuring fair representation based on the latest population figures. However, adjustments are implemented only when specified by law and upon the President’s order.

Key Provisions

Clause 1 - Readjustment Authority and Process

Upon completion of every census, the allocation of Lok Sabha seats for each State, along with their internal constituency boundaries, must be reassessed by an authority appointed by Parliament. The law determines the process for this readjustment, allowing for updates in the democratic framework to reflect shifts in population density and distribution.

Clause 2 - Delay in Implementation Until Dissolution

The readjustment does not impact the composition of the House of the People until the current Lok Sabha is dissolved. This ensures continuity in representation until the new House is elected, avoiding mid-term adjustments that could disrupt parliamentary functioning.

Clause 3 - Presidential Order for Effectivity

Readjustments become effective from a date specified by a Presidential order. Until then, elections are held based on existing constituencies. This clause provides flexibility, allowing time for political and administrative machinery to adapt to new boundaries and seat allocations before implementation.

Clause 4 - Provisional Readjustments Based on 1971 and 2001 Census

Until data from the first census post-2026 is published, adjustments can continue to follow the 1971 census for seat allocation and the 2001 census for territorial boundaries. This transitional clause reflects the gradual updating of the Lok Sabha's structure and acknowledges the practical challenges in frequently redrawing constituencies.

Amendments and Historical Significance

• Constitution (Forty-second Amendment) Act, 1976: This amendment introduced a freeze on readjustments based on the 1971 census to encourage population control and family planning initiatives.
• Constitution (Eighty-fourth Amendment) Act, 2001: Extended the freeze on readjustment until after the first census post-2026, while still allowing constituency boundaries to be redrawn based on the 2001 census.
• Constitution (Eighty-seventh Amendment) Act, 2003: Updated census references, changing the applicable census for territorial constituencies from 1991 to 2001.

Real-Life Example

Following the 2001 census, the Delimitation Commission of India redrew parliamentary constituencies to reflect population changes. While the number of Lok Sabha seats for each State remains based on the 1971 census, constituency boundaries were adjusted within each State, ensuring a more balanced representation according to the latest population figures.

Legislative History

Article 82 of the Indian Constitution, initially drafted as Article 67A, underwent extensive deliberation by the Constituent Assembly. The key discussions took place on May 18th and 23rd, 1949. These deliberations were revisited on October 13th, 1949, leading to refinements that shaped the final form of Article 82.

Debates and Deliberations

During the Constituent Assembly debates, Shri Lokanath Misra raised concerns about the fairness of readjustment mechanisms, proposing a more frequent realignment of constituencies to ensure true representation as populations shift. However, Dr. B. R. Ambedkar countered that the proposed readjustments strike a balance between administrative feasibility and electoral fairness, ensuring stability.

Another critical point was raised by Shri H. V. Kamath, who argued that the reliance on outdated census figures could distort representation, particularly for states experiencing rapid population growth. The Assembly ultimately accepted Dr. Ambedkar's compromise of using the 1971 census until the 2026 census data was published, recognizing the practical challenges of frequent redistricting.