The proposed 131st amendment to the Constitution is given as image.
It could be seen that Article 81 (1) which fixes the maximum number of seats in the Lok Sabha is sought to be amended to increase it. Irrespective of the monetary burden it is likely to put on the exchequer, it is after all a call to be taken by the Parliament in its competence.
Now, how the total number to be increased is to be distributed among different States and UTs is the question.
Article 81 (2) reads as under:
"(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; and
(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:
Provided that the provisions of sub-clause (a)of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions."
As per Article 81 (2) (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", which means that there cannot be a differential yardstick in allotting seats for each state based on the population of each state. THIS IS NOT SOUGHT TO BE AMENDED.
It could be seen that Article 81 (3) reads as below as on date:
"(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:
Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed,—
(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."
As per the above existing provision, 'for the purposes of sub- clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census".
Now, in the present proposal, the above is sought to be amended by "'Population' means the population ascertained at such census, as Parliament may by law determine, of which the relevant figures have been published"
Thus, it could be seen that with the above proposal to amend Article 81 (3), the right to determine which census is to be used is taken away from the Constitutional ambit and given to the Parliament, which could be decided by a simple majority. This will nullify the subsequent provisio in the same Article regarding applicability of 1971 Census.
Without applying the Census of 1971, it is not possible to allot the seats to all States in the present ratio, as per Article 81 (2).
Now, to make it unambiquous, Article 82 is sought to be amended.
Present Article 82 reads as "Readjustment after each census". Now this is sought to be amended as "Readjustment of Constituencies".
Next, the said Article which as on date reads as
"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"
is sought to be amended as :
"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 in such manner and on the basis of such Census by the Delimitation Commission and in such manner as Parliament may by law determine"
As per the above amendment, a Delimitation Commission is to be brought in. The nature of the Commission, its constitution, the terms of reference, the conditions of service of the members of the Commission, etc will be decided later by a simple majority because it will not be a Constitutional amendment. Thus, with this amendment, again the necessity of having 2/3 rd majority for such things is sought to be done away with.
Now we come to the next proposed amendment.
Article 81 (2) reads as under:
"(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; and
(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:
Provided that the provisions of sub-clause (a)of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions."
As per Article 81 (2) (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", which means that there cannot be a differential yardstick in allotting seats for each state based on the population of each state. THIS IS NOT SOUGHT TO BE AMENDED.
It could be seen that Article 81 (3) reads as below as on date:
"(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:
Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed,—
(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."
As per the above existing provision, 'for the purposes of sub- clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census".
Now, in the present proposal, the above is sought to be amended by "'Population' means the population ascertained at such census, as Parliament may by law determine, of which the relevant figures have been published"
Thus, it could be seen that with the above proposal to amend Article 81 (3), the right to determine which census is to be used is taken away from the Constitutional ambit and given to the Parliament, which could be decided by a simple majority. This will nullify the subsequent provisio in the same Article regarding applicability of 1971 Census.
Without applying the Census of 1971, it is not possible to allot the seats to all States in the present ratio, as per Article 81 (2).
Now, to make it unambiquous, Article 82 is sought to be amended.
Present Article 82 reads as "Readjustment after each census". Now this is sought to be amended as "Readjustment of Constituencies".
Next, the said Article which as on date reads as
"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"
is sought to be amended as :
"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 in such manner and on the basis of such Census by the Delimitation Commission and in such manner as Parliament may by law determine"
As per the above amendment, a Delimitation Commission is to be brought in. The nature of the Commission, its constitution, the terms of reference, the conditions of service of the members of the Commission, etc will be decided later by a simple majority because it will not be a Constitutional amendment. Thus, with this amendment, again the necessity of having 2/3 rd majority for such things is sought to be done away with.
Now we come to the next proposed amendment.
The third provisio in Article 82 is sought to be omitted.
The said provisio as on date is as follows:
"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."
The year 2026 in the above provisio was inserted by the 84th amendment in 2002. Before that, the year was 2001. The reason was that the relevance of 1971 census was extended upto 2001 and then upto 2026. That is why the sub clause to the said Provisio that 'the allocation of seats in the House of the People to the States as readjusted on the basis of the 1971 census' continued to be in vogue.
Now, with the proposal to delete the above Provisio, the basis of 1971 census is taken away and the last census for which figures are available are only 2011 (because due to COVID no Census could be conduced in 2021) and when the Article 81 (2) (a) stipulates that "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", it is clear that the promises made by the ruling party on the floor of the Parliament and outside that the number of seats for the states which have controlled their population in accordance with the Government (previous?) Policies will not stand to loose if delimitation is done on the basis of 2011 census, is TOTALLY UNCONSITUTIONAL, if these amendments are passed.
The said provisio as on date is as follows:
"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."
The year 2026 in the above provisio was inserted by the 84th amendment in 2002. Before that, the year was 2001. The reason was that the relevance of 1971 census was extended upto 2001 and then upto 2026. That is why the sub clause to the said Provisio that 'the allocation of seats in the House of the People to the States as readjusted on the basis of the 1971 census' continued to be in vogue.
Now, with the proposal to delete the above Provisio, the basis of 1971 census is taken away and the last census for which figures are available are only 2011 (because due to COVID no Census could be conduced in 2021) and when the Article 81 (2) (a) stipulates that "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", it is clear that the promises made by the ruling party on the floor of the Parliament and outside that the number of seats for the states which have controlled their population in accordance with the Government (previous?) Policies will not stand to loose if delimitation is done on the basis of 2011 census, is TOTALLY UNCONSITUTIONAL, if these amendments are passed.
And a smoke screen is created for this by linking it to Womens Reservation, when that bill was separately passed in 2023 itself.
The problem is that this can be seen only with those with eyes and willingness to see.
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