Article 82

Article 82 of the Constitution of India establishes the framework for readjusting the allocation of seats in the House of the People (Lok Sabha) and the division of each State into territorial constituencies following the completion of every census. This provision ensures that parliamentary representation keeps pace with the changing demographic composition of the country, thereby upholding the democratic ideal of equal representation.

Constitutional Provision and Purpose

Article 82 mandates that after every national census, the Parliament of India shall enact a law providing for:

1. Readjustment of the allocation of seats in the House of the People among the States, and
2. Readjustment of the division of each State into territorial constituencies.

However, such readjustment takes effect only upon the dissolution of the existing Lok Sabha, and the President specifies the date from which the changes will apply. This constitutional arrangement guarantees continuity in representation and prevents disruptions during an ongoing parliamentary term.
The principal purpose of Article 82 is to maintain a rational and fair distribution of seats in the Lok Sabha, ensuring that the number of representatives from each State corresponds proportionally to its population as recorded in the latest census.

Mechanism of Readjustment and the Role of Parliament

Under Article 82, the Parliament holds the authority to determine the procedure and manner of readjustment. This power is exercised through Delimitation Acts, which are enacted after every census to guide the Delimitation Commission in redrawing constituency boundaries and reallocating seats.
The Delimitation Commission is a statutory body established under the Delimitation Commission Act, headed by a retired Supreme Court judge, with the Election Commission of India playing a key role. The Commission’s orders have the force of law and cannot be challenged in any court, ensuring the independence and finality of its decisions.

Historical Development and Census-Based Readjustments

India has conducted several censuses since independence, and the process of seat readjustment has evolved accordingly:

• First Delimitation (1952): Based on the 1951 Census; initial allocation of seats to States.
• Second Delimitation (1963): Following the 1961 Census, seats were adjusted to reflect population changes.
• Third Delimitation (1973): Conducted after the 1971 Census, leading to significant seat redistributions.
• Fourth Delimitation (2002–2008): The Delimitation Commission was reconstituted after the 2001 Census, but seat allocation remained frozen; only constituency boundaries were redefined.

Subsequent constitutional amendments have frozen the number of Lok Sabha seats to maintain parity between States that achieved population control and those that did not.

Constitutional Amendments and Legal Framework

The implementation of Article 82 has been influenced by several constitutional amendments:

• 42nd Amendment Act (1976): Imposed a freeze on the total number of seats in the Lok Sabha and State Assemblies until the results of the first census after 2000 (later extended). This was done to prevent States with higher population growth from gaining disproportionate representation.
• 84th Amendment Act (2001): Extended the freeze until the first census after 2026, using 1971 census data for seat allocation and 2001 census data for constituency delimitation.
• 87th Amendment Act (2003): Clarified the use of 2001 census figures for readjusting and rationalising the boundaries of constituencies without altering the total number of seats.

These amendments illustrate the balance between population control incentives and representational equality, aligning political representation with long-term demographic and development goals.

Relationship with Other Constitutional Provisions

Article 82 operates in conjunction with other related constitutional provisions:

• Article 81: Determines the composition of the Lok Sabha and the principle of population-based representation.
• Article 83: Prescribes the duration of the Houses of Parliament.
• Articles 170 and 327: Deal with the composition and delimitation of constituencies for State Legislative Assemblies.

Together, these provisions establish the framework for a representative and equitable electoral system, ensuring that the will of the people is accurately reflected in Parliament.

Judicial Interpretation and Key Supreme Court Judgments

The judiciary has reinforced the importance of census-based readjustments and periodic delimitation:

• Kuldip Nayar v. Union of India (2006): The Supreme Court highlighted the role of the census and the necessity of maintaining electoral fairness through accurate demographic representation.
• Union of India v. R. S. Saini (1991): The Court affirmed that readjustment of seats and constituencies is vital to ensuring fair representation and cannot be indefinitely delayed without constitutional consequences.
• Election Commission of India v. Dr. Subramanian Swamy (2008): Reiterated that free and fair elections, including the delimitation process, form part of the basic structure of the Constitution.

These rulings collectively affirm the constitutional necessity of periodic census-based revisions to uphold representative democracy.

Significance and Objectives

Article 82 serves several critical purposes in India’s democratic and federal framework:

• It ensures equitable representation in the Lok Sabha corresponding to population shifts.
• It prevents malapportionment, where some constituencies might become overrepresented or underrepresented due to population growth disparities.
• It maintains the principle of political equality, ensuring that every citizen’s vote carries approximately equal value.
• It enables the Parliament and Election Commission to periodically update constituency boundaries, ensuring the efficiency and fairness of elections.

By mandating regular review and adjustment, Article 82 preserves the integrity of India’s representative institutions against demographic imbalances.

Challenges in Implementation

Despite its importance, Article 82 faces practical and political challenges:

• Delay in census operations, such as the postponement of the 2021 Census, can hinder timely readjustment.
• Political sensitivities surrounding seat reallocation often delay delimitation exercises, as population changes could alter the balance of power among States.
• Unequal population growth raises concerns about fairness; States with lower population growth may lose relative representation after the 2026 delimitation.

These challenges illustrate the tension between demographic realism and political equilibrium in implementing Article 82.

Future Implications

The first census after 2026 will mark a significant constitutional turning point. Once conducted, it will provide the basis for the next major readjustment of parliamentary and assembly seats. This process will likely reshape political representation, with faster-growing States in northern India potentially gaining seats, while southern States that have stabilised their populations may experience reduced representation.
The forthcoming delimitation will thus have far-reaching implications for federal relations, resource distribution, and political influence within the Union. It will also test India’s capacity to balance the twin imperatives of democracy and development.