Authored By: Kimaya Joshi (B.B.A.LL.B (Hons)), NMIMS Hyderabad, Research Writer at Law Audience,
Edited By: Mr. Varun Kumar, Advocate, Himachal, Punjab & Haryana and Founder at Law Audience
Introduction:
Like many other Constitutional Amendment bills, the Constitution (One Hundred and Thirty-First Amendment Bill), 2026 was introduced under the power given to the Parliament through Article 368 of the Indian Constitution[1]. The Constitution (One Hundred and Thirty-First Amendment Bill), 2026 (herein referred as 131th Amendment Bill) was introduced by the Law Minister Arjun Ram Meghwal in Lok Sabha on 16th Aprill 2026. This bill was introduced along with the Union Territories Laws (Amendment) Bill, 2026, and the Delimitation Bill, 2026.
The Indian Constitution sets a backbone for revising the limits of territorial constituencies and seats in Lok Sabha as well as State Assemblies. The Indian Constitution through Articles such as Article 82,170, 327, 329 (a), 330 and 332, mandate delimitation which was earlier through the 42nd Constitutional Amendment of 1976[2] frozen to the 1971 census.[3] Hence, the very essence of democracy where it is to be ensured that each representative must represent roughly the same population of constituencies other than his own. This is the basis for the very argument of equal votes i.e., one vote per person and same value per vote.
The freeze of the number of seats of each state of Lok Sabha and State Assembly was initially till the publication of the first census after 2000, however, the 84th Constitutional Amendment of 2001 extended this freeze until the publication of the first census after 2026. Now, we turn to the 131th Amendment Bill, which aims to update the size and composition of State Assemblies based on population changes.[4]
Features / What is in it?
The Statement of Objects and Reasons in the Bill acknowledges that “the freeze of seats on the basis of population figures of the year 1971 census served an important policy purpose, the country’s demographic profile has since undergone substantial changes, as reflected in the population figures of the latest published census, including significant inter-State and intra-State population shifts, rapid urbanisation and migration, and disproportionate growth in certain regions, resulting in wide disparities in the population and the constituencies.”[5]
The Bill states that the census after 2026 and the consequential delimitation exercise will take considerable time resulting in the delay of effective and dedicated participation of women in the democratic polity of the Country. Hence, the objective of the 131 Amendment Bill is to “operationalise one-third reservation for women, including women belonging to the Scheduled Castes and the Scheduled Tribes, in the House of the People and the Legislative Assemblies of the States, the National Capital Territory of Delhi and the Union territories through delimitation exercise to be undertaken on the basis of the population figures of the latest published census.”[6]
We can say that the aim of the 131 Constitution Amendment Bill is –
- To expand the seats in Lok Sabha to reflect India’s significant population growth since the 1971 Census.
- Implement the 33% women’s quota in the Lok Sabha and State Assemblies immediately following the proposed new delimitation.[7]
- To provide a modern legal framework for the Delimitation Commission to readjust seats based on the latest available demographic data.[8]
Features of the said Bill are –
- The Bill reverts to the principle of each state having seats in proportion to its population, implying that Lok Sabha Constituencies across all states will have roughly same population.
- The 106th Constitution (Amendment) Act, 2023 introduced reservation of one-third or 33.33% of seats in Lok Sabha and State Assemblies for women and that it would come into effect based on the first census after the commencement of the 2023 Act. This requirement is removed by the 131 Constitution Amendment Bill.[9]
Hence, the bill sought to allow delimitation based on pre-2026 data (specifically 2011 figures) to enable the women’s quota before the 2029 elections.[10]
- According to the Constitution, delimitation will be carried out after every census, and will be based on that census, however, the 131 Constitution Amendment Bill authorises Parliament to pass a law to determine when delimitation will be undertaken, and which census will be used.
- The maximum number of seats increased in the Lok Sabha from 550 from States and 20 for Union Territories to 850, with 815 from States and 35 members from Union Territories under this bill.
Issues that arise
There are certain issues that arise in case of acceptance of the bill as is if not revised. Some of them are –
- Uncertainty in the periods when delimitation would be carried out and use of latest census: The Indian Constitution through Article 81 and 82 provide for delimitation of seats in Lok Sabha after every census and this delimitation would be based on the latest census. This Constitutional clarity is stripped away by the bill. The 131 Constitution Amendment Bill places the power in the hands of the Parliament to decide by law the periodicity and use of census.
- Relative size of Rajya Sabha: According to the bill, the maximum number of seats in Lok Sabha will be increased to 850 from the earlier 550. Article 80 of the Constitution provides that Rajya Sabha will consist of a maximum of 250 members,[11] and the 131 Constitution Amendment Bill leaves this untouched. It is hence safe to infer that it is implied that there would be a change in the relative size of Lok Sabha with Rajya Sabha. The Ratio of seats between Lok Sabha and Rajya Sabha will change from 2.2:1 to 3.3:1, assuming the number of seats in Lok Sabha increases by 50% from 543 to 815. This would result in the reduction of the relative share of Rajya Sabha members in the President and the Vice-President elections. It also would in turn increase the powers of Lok Sabha in the event of a joint sitting of the two Houses.[12]
- Increase in the Council of Ministers: With the change in the Seats of Lok Sabha, the size of council of ministers would also change. As provided for in the Article 75 in the Indian Constitution, the total number of ministers in the Council of Ministers, shall not exceed fifteen per cent. of the total number of members of the House of the People.[13] So, in case of passing of the 131 Constitution Amendment Bill, with the increase in the number of seats in the Lok Sabha from 543 to 815 that is roughly 50%, the permissible size of council of ministers will increase from 81 to 122.
- The limit of 15% was placed with an aim to prevent and prohibit by law the practice of formation of abnormally large councils of Ministers by various governments as noted in the Statement of Objects and Reasons of the Constitution (91st Amendment) Act, 2003.[14] This raises the question whether an increase in the size of Lok Sabha requires a proportionate increase in the size of the Council of Ministers.
- The Constitution Amendment Bill introduces the term ‘Delimitation Commission’ to the Constitution but does not define it.
Bill was Rejected
The Constitution 134th Amendment Bill 2026 was rejected on 17 April 206 as a result of failure to secure a special majority as per Article 368 of the Indian Constitution. The passage of the bill under Article 368 requires a special majority, specifically a majority of the total membership of the House and a majority of not less than two-thirds of the members present in voting.[15] With a house strength of 528, the bill secured only 298 votes, which fell short of the required 352 benchmark.[16]
Footnotes:
[1] Article 368: Power of Parliament to Amend the Constitution and Procedure Therefor, Constitution of India, https://www.constitutionofindia.net/articles/article-368-power-of-parliament-to-amend-the-constitution-and-procedure-therefor/ (last visited June 3, 2026).
[2] THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976, 1976.
[3] The Constitution (131st Amendment) Bill, 2026 [Delimitation Bills of 2026], PRS Legislative Research, https://prsindia.org/billtrack/the-constitution-131st-amendment-bill-2026 (last visited June 3, 2026).
[4] shanKariasacademy, Constitution (One Hundred and Thirty First Amendment) Bill, 2026 | Current Affairs, https://www.shankariasparliament.com/current-affairs/constitution-one-hundred-and-thirty-first-amendment-bill-2026 (last visited June 3, 2026).
[5] The Constitution (131st Amendment) Bill, 2026 [Delimitation Bills of 2026], supra note 3 at 4.
[6] Id. at 4–5.
[7] Race IAS – Crack UPSC with Excellence, https://raceias.com/current-affairs/the-constitution-one-hundred-and-thirty-first-amendment-bill-2026 (last visited June 3, 2026).
[8] undefined & Insights Editor, The Constitution (131st Amendment) Bill, 2026, INSIGHTS IAS – Simplifying UPSC IAS Exam Preparation (Apr. 15, 2026), https://www.insightsonindia.com/2026/04/15/the-constitution-131st-amendment-bill-2026/.
[9] The Constitution (131st Amendment) Bill, 2026 [Delimitation Bills of 2026], supra note 3.
[10] Race IAS – Crack UPSC with Excellence, supra note 7.
[11] Article 80: Composition of the Council of States, Constitution of India, https://www.constitutionofindia.net/articles/article-80-composition-of-the-council-of-states/ (last visited June 4, 2026).
[12] The Constitution (131st Amendment) Bill, 2026 [Delimitation Bills of 2026], supra note 3.
[13] Article 75: Other Provisions as to Ministers, Constitution of India, https://www.constitutionofindia.net/articles/article-75-other-provisions-as-to-ministers/ (last visited June 4, 2026).
[14] Constitution (91st Amendment) Act 2003 : Constitution ( 91st Amendment) Act, 2003 | CaseMine, https://www.casemine.com/act/in/5a979daa4a93263ca60b7220 (last visited June 4, 2026).
[15] Article 368: Power of Parliament to Amend the Constitution and Procedure Therefor, Constitution of India, https://www.constitutionofindia.net/articles/article-368-power-of-parliament-to-amend-the-constitution-and-procedure-therefor/ (last visited June 4, 2026).
[16] Defeat of the Constitution (131st Amendment) Bill, 2026, Drishti IAS, https://www.drishtiias.com/daily-updates/daily-news-analysis/defeat-of-the-constitution-131st-amendment-bill-2026 (last visited June 4, 2026).
