DMK lays down conditions as government steps up efforts to pass delimitation Bill
Consultations are underway on a fresh constitutional amendment to enable delimitation of Lok Sabha constituencies, following the Constitution (131st Amendment) Bill, 2026's failure to secure the required two-thirds majority in the Lok Sabha in April 2026
Discussions have centred on extending the freeze on the number of Lok Sabha seats allotted to each state — currently based on the 1971 Census and due to lapse after the first census following 2026 — by an additional 25 years through a further constitutional amendment
A related demand under discussion is a proportional, blanket increase in the total number of Lok Sabha seats across all states, rather than an increase driven solely by post-2026 population figures for individual states
Because any change affecting the representation of states in Parliament requires not just a special majority but also ratification by state legislatures, the government is continuing efforts to build consensus before a renewed legislative attempt
The underlying concern being addressed is that a delimitation based on future census figures could reduce the parliamentary representation of states that have achieved comparatively slower population growth
Article 82 — Readjustment After Each Census
Article 82 empowers Parliament to enact a Delimitation Act after every decennial census, under which a Delimitation Commission readjusts the allocation of Lok Sabha seats among states and re-draws territorial constituencies within each state to reflect updated population figures. This is distinct from Article 170, which governs the total number of seats in a state's Legislative Assembly and the division of the state into assembly constituencies, though both have historically been readjusted together following the same census.
Key Details
- Delimitation under Article 82 covers two separate exercises: (i) reallocating the total number of Lok Sabha seats among states, and (ii) redrawing constituency boundaries within a state
- The Delimitation Commission is a body constituted by Parliament under a Delimitation Act, not a permanent constitutional authority
- Article 170 mirrors this structure for state Legislative Assemblies
Article 82 is the constitutional basis both for the delimitation exercise currently on hold and for the seat-freeze provisions that the discussed amendment would extend.
The Seat-Number Freeze — 42nd Amendment (1976) and 84th Amendment (2001)
The 42nd Amendment Act, 1976 froze the total number of Lok Sabha and state Assembly seats allotted to each state at their 1971 Census levels, with the freeze originally set to last until the first census after the year 2000. The stated purpose was to avoid penalising states that had achieved more effective population control with a reduced share of seats. The 84th Amendment Act, 2001 extended this seat-number freeze until the first census taken after 2026, while permitting intra-state constituency boundaries and SC/ST-reserved seats to be readjusted using 2001 Census population data.
Key Details
- 42nd Amendment Act, 1976: froze inter-state seat allocation at 1971 Census levels
- 84th Amendment Act, 2001: extended the freeze on seat numbers until the first census after 2026; constituency boundaries within states were still updated using the 2001 Census
- The freeze applies specifically to the total number of seats per state, not to internal constituency boundaries, which can be redrawn without changing a state's total seat count
The freeze is due to lapse once a national census is taken after 2026, at which point Article 82 would ordinarily require reallocation of Lok Sabha seats among states based on updated population — the scenario the discussed 25-year extension is intended to postpone.
Special Majority and State Ratification Under Article 368
A Bill to amend the Constitution must be passed in each House of Parliament by a majority of the total membership of that House and by not less than two-thirds of the members present and voting (Article 368(2)) — a stricter threshold than an ordinary law. Where a proposed amendment would affect matters listed in the proviso to Article 368(2), including "the representation of States in Parliament," it must additionally be ratified by the legislatures of not less than one-half of the states before it is presented for Presidential assent.
Key Details
- Ordinary majority: more than 50% of members present and voting
- Special majority (Article 368(2)): majority of total membership of the House AND two-thirds of members present and voting
- Entrenched-provision amendments (including changes to state representation in Parliament) additionally require ratification by at least half the state legislatures
- The Constitution (131st Amendment) Bill, 2026 fell short of the two-thirds-present-and-voting threshold in the Lok Sabha in April 2026, reportedly receiving 298 votes in favour against roughly 352 required [Unverified — exact vote count from secondary reporting]
Any revived delimitation-related constitutional amendment — including a further extension of the seat freeze — would need to clear this same double threshold: a two-thirds special majority in Parliament, plus ratification by at least half the state legislatures, since it directly affects how states are represented in the Lok Sabha.
- 42nd Amendment Act: 1976 — froze Lok Sabha/Assembly seat allocation per state at 1971 Census levels
- 84th Amendment Act: 2001 — extended the seat-number freeze until the first census after 2026
- Constitution (131st Amendment) Bill, 2026: introduced April 16, 2026; failed to secure the required two-thirds majority in the Lok Sabha in April 2026
- Special majority under Article 368(2): majority of total membership + two-thirds of members present and voting
- State ratification threshold for amendments affecting representation of states in Parliament: at least one-half of state legislatures (Article 368(2) proviso)
- Extension period under discussion for the seat-number freeze: an additional 25 years