Article 81

Article 81 of the Constitution of India lays down the framework for the composition of the House of the People, popularly known as the Lok Sabha, which serves as the Lower House of Parliament. It defines the total strength, representation of States and Union territories, and the principles governing the allocation of seats. This Article ensures that representation in the Lok Sabha is based on population and territorial divisions, thereby reflecting the democratic spirit of “one person, one vote.”

Constitutional Provision and Structure

Article 81 provides that the Lok Sabha shall consist of members chosen by direct election from territorial constituencies across India. The composition is structured as follows:

• A maximum of 530 members representing the States.
• Up to 20 members representing the Union territories.
• Previously, 2 nominated members from the Anglo-Indian community, which provision was discontinued by the 104th Constitutional Amendment Act, 2020.

The representation of the Anglo-Indian community was earlier ensured under Article 331, which allowed the President to nominate members if the community was underrepresented.
Thus, Article 81 ensures that the Lok Sabha reflects the population distribution of India, balancing representation between large and small States while maintaining federal unity.

Principles of Seat Allocation

Article 81(2) establishes that the allocation of seats to each State and the division of each State into constituencies should be carried out so as to maintain, as far as practicable, a uniform ratio between the population of the State and the number of seats allotted.
The principles include:

• Population-based representation: Each State is allotted seats in proportion to its population, ensuring equal weightage to citizens across the country.
• Territorial constituencies: Each State is divided into single-member constituencies for direct elections.
• Uniform ratio: Efforts are made to maintain consistency in representation per capita across States, promoting fairness and equality in the electoral process.

Population Criteria and Census Reference

For determining seat allocation, Article 81 uses population figures from the latest published census. However, to maintain parity between States in population control and representation, the Constitution was amended to freeze delimitation (the redrawing of constituency boundaries based on population) until the first census after 2026.

• For seat allocation under sub-clause (a), the 1971 census continues to be used.
• For other purposes under sub-clause (b), such as constituency-related calculations, the 2001 census data is applicable.

This measure was introduced to prevent penalising States that have effectively implemented population control measures, ensuring equitable representation without political disadvantage.

Representation of Smaller States

Article 81 contains special provisions for smaller States, particularly those with populations not exceeding six million. These States are exempt from the strict population-based formula to ensure they are not underrepresented in the Lok Sabha.
This safeguard guarantees that smaller and less populated States such as Sikkim, Goa, Arunachal Pradesh, and Mizoram have adequate representation, preserving their political voice in the national legislature despite demographic disparities.

Election and Representation of Union Territories

The Union territories send up to 20 members to the Lok Sabha. Parliament has the authority, under Article 81 read with other relevant provisions, to prescribe by law the method of election for these territories.
Currently, Union territories with Legislative Assemblies (such as Delhi and Puducherry) elect members to the Lok Sabha directly, while others may have representation based on statutory provisions. The Representation of the People Acts (1950 and 1951) provide the detailed legislative framework for this process.

Legislative and Constitutional Framework

Parliament exercises its powers under Article 81 by passing laws that implement its provisions. These include:

• The Representation of the People Act, 1950: Governs allocation of seats and delimitation of constituencies.
• The Delimitation Acts (1952, 1962, 1972, and 2002): Established Delimitation Commissions to readjust constituency boundaries following each census.

The 42nd Constitutional Amendment Act (1976) froze seat allocation based on the 1971 census, later extended by the 84th Amendment Act (2001) and the 87th Amendment Act (2003), maintaining demographic parity and ensuring stability in representation until 2026.

Judicial Interpretation and Key Supreme Court Judgments

Several judicial pronouncements have elaborated on the constitutional implications of Article 81 and representation in the Lok Sabha:

• Kuldip Nayar v. Union of India (2006): The Supreme Court examined the representation of Union territories and upheld the constitutional validity of electoral processes concerning both Houses of Parliament.
• Indira Sawhney v. Union of India (1992): While primarily addressing reservations in employment and education, the judgment underscored the broader constitutional principles of fair representation and social justice, which are relevant to electoral representation.
• Rameshwar Prasad v. Union of India (2006): Discussed the dissolution and reconstitution of legislative bodies, reaffirming the principles of democratic representation and the composition of elected Houses.

These judgments collectively underline the need for electoral fairness, population equity, and adherence to the democratic ideals embedded within Article 81.

Amendments and Evolution

Article 81 has undergone significant evolution since the Constitution came into force:

• 7th Amendment Act (1956): Adjusted representation following the reorganisation of States.
• 31st Amendment Act (1973): Increased Lok Sabha membership from 525 to 545 to accommodate newly created States and Union territories.
• 42nd, 84th, and 87th Amendments: Introduced and extended the freeze on delimitation, balancing population growth with fair representation.
• 104th Amendment Act (2020): Ended the nomination of members from the Anglo-Indian community under Article 331.

These amendments collectively reflect India’s changing demographic and federal realities, ensuring that the Lok Sabha continues to serve as a true representative institution.

Significance of Article 81

Article 81 serves as the constitutional foundation of democratic representation in India. It ensures that the Lok Sabha reflects the diversity, population, and political aspirations of the entire nation. The key functions of Article 81 include:

• Guaranteeing equitable representation for all regions based on population.
• Upholding the principle of universal adult franchise and direct elections.
• Ensuring the participation of Union territories and smaller States in national governance.
• Maintaining a balance between population equality and federal inclusivity.