Constitution (Second Amendment) Act, 1952
The Constitution (Second Amendment) Act, 1952 was enacted to modify the provisions relating to the representation of the people in the House of the People (Lok Sabha). Its primary purpose was to remove the upper population limit for each parliamentary constituency under Article 81(1)(b) of the Indian Constitution. The amendment was passed by the Lok Sabha on 15 December 1952, by the Rajya Sabha on 19 December 1952, and received the assent of President Rajendra Prasad on 1 May 1953, on which date it also came into effect.
This amendment was essential to accommodate the demographic realities revealed by the 1951 Census, which showed an overall increase in population since the framing of the Constitution. It ensured that parliamentary constituencies could be delimited in a manner consistent with the new population figures, without violating the Constitution’s earlier stipulations.
Background and Need for the Amendment
When the Constitution of India came into force in January 1950, Article 81(1) laid down the composition and representation principles for the House of the People. It stated that the Lok Sabha should consist of not more than 500 elected members, and that each State should be divided into constituencies so as to ensure not less than one member for every 750,000 people and not more than one member for every 500,000 people.
These limits were framed with reference to population estimates available at the time of independence. However, after the completion of the 1951 Census, it became evident that the population of every State had significantly increased. Consequently, the representation ratio fixed in the Constitution was no longer suitable for maintaining equitable distribution of seats among States.
According to the then Law Minister, C. C. Biswas, the estimated population figures used under Article 387—which had temporarily validated pre-constitutional estimates—differed greatly from the actual 1951 Census figures. With a total limit of 500 members prescribed for the Lok Sabha, and with rising population figures, it was no longer possible to allocate seats strictly according to the existing formula.
Thus, to avoid constitutional irregularities in the forthcoming delimitation process, and to ensure proportionate representation of States in Parliament, it became necessary to amend Article 81(1)(b).
Provisions of the Amendment
The Second Amendment introduced the following principal change:
- In Article 81(1)(b), the words “not less than one member for every 750,000 of the population and” were omitted.
This effectively removed the upper population limit for parliamentary constituencies. As a result, constituencies could now have a population exceeding 750,000, enabling a more flexible approach to the distribution of seats among States while maintaining the overall cap of 500 members in the Lok Sabha.
The revised Article 81(1), after the amendment, read:
- (a) The House of the People shall consist of not more than five hundred members directly elected by the voters in the States.
- (b) For this purpose, the States shall be divided into territorial constituencies, and the number of members allotted to each shall be determined to ensure fair representation.
By eliminating the upper population cap, the amendment simplified the process of seat distribution without breaching the proportional representation principle.
Legislative History and Enactment
The Constitution (Second Amendment) Bill, 1952 (Bill No. 54 of 1952) was introduced in the Lok Sabha on 18 June 1952 by C. C. Biswas, the Minister of Law and Minority Affairs.
The Bill’s Statement of Objects and Reasons clarified that due to the increase in population revealed by the 1951 Census, the existing provisions of Article 81(1)(b) would result in inconsistencies when applying the 500-member cap on the House of the People. Under the previous calculation, one member represented about 720,000 people. With the new census data, this ratio would rise to 750,000 or higher, exceeding the constitutional upper limit and thereby requiring amendment.
The Bill was debated in the Lok Sabha on several dates—18 June, 8 and 9 July, and 11 and 18 November 1952. It was referred to a Select Committee of the House on 11 November 1952, which submitted its report on 18 November 1952. After further consideration, the Lok Sabha passed the Bill on 15 December 1952.
The Rajya Sabha discussed and approved the Bill on 15 and 18 December 1952, passing it on 19 December 1952. Following parliamentary approval, the Bill was presented to President Rajendra Prasad, who assented to it on 1 May 1953, thereby bringing it into force. The amendment was subsequently published in The Gazette of India on 2 May 1953.
Impact on Parliamentary Representation
The Second Amendment ensured that representation in the Lok Sabha remained proportionate despite the increase in India’s population. Without this modification, the delimitation process following the 1951 Census would have been constitutionally constrained by the upper population limit, leading to potential inequities in representation among States.
By omitting the fixed upper limit of 750,000, the amendment granted the Delimitation Commission—to be established under Article 81(3)—greater flexibility in redrawing parliamentary constituencies. It allowed larger constituencies in densely populated areas while still observing the national limit of 500 members in the House of the People.
This change reflected a practical adaptation of the Constitution to demographic realities and the evolving needs of a rapidly growing population.
Administrative and Constitutional Significance
The Second Amendment demonstrated the responsiveness of India’s constitutional framework during its formative years. While the First Amendment (1951) addressed issues of fundamental rights and land reforms, the Second focused on ensuring the workability of representative democracy through appropriate constituency adjustment.
The amendment also established a precedent for subsequent constitutional changes concerning representation and delimitation, including later amendments that froze the number of seats or revised population-based ratios.
It represented a technical but crucial refinement that ensured the continued functioning of the parliamentary system in alignment with population changes and electoral requirements.
Legacy
Although limited in scope compared to later amendments, the Constitution (Second Amendment) Act, 1952 was a foundational step in India’s electoral evolution. It allowed the first Delimitation Commission to function effectively and provided a legal basis for the first general readjustment of constituencies following the 1951 Census.
By resolving the inconsistency between population growth and fixed representational limits, the amendment upheld the democratic principle of equal representation while maintaining constitutional coherence.
In essence, the Second Amendment underscored the pragmatic flexibility of India’s Constitution—capable of adapting its democratic institutions to the nation’s expanding population and administrative realities, without compromising on the spirit of proportional and fair representation.