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Current AffairsPolity & Governance

How is a Constitution Amendment Bill passed?

Sunday, 14 June 20268 min read1,442 words37

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Polity & GovernanceDeep Analysisconstitutional frameworkfederalismparliamentelections

In this article

ContextBackground & Historical EvolutionKey Points & FactsMulti-Dimensional AnalysisWay Forward

Context

The Lok Sabha is currently discussing The Constitution (One Hundred and Thirty-First Amendment) Bill, 2026, which seeks to increase the size and composition of Lok Sabha and State Legislative Assemblies. The bill would supersede the existing allocation linked to the 1971 Census with an open-ended formula, enabling Parliament to choose a Census year by ordinary law. The ruling Bharatiya Janata Party (BJP) is reaching out to Opposition parties to gather support. Several opposition parties, including the All India Trinamool Congress (TMC), Dravida Munnetra Kazhagam (DMK), Biju Janata Dal (BJD), and Congress, have lodged vehement protests against the proposed change and have reached out to ruling party allies to oppose the Bill. The passage of a Constitution Amendment Bill requires a special majority in both Houses of Parliament and, if it affects federal provisions, ratification by at least half of the State Legislatures before receiving the President's assent.

Background & Historical Evolution

The power to amend the Constitution is vested in Parliament under Article 368. Since the Constitution came into force in 1950, there have been numerous amendments, with the procedure evolving through judicial interpretation and political practice. The 42nd Amendment (1976) made significant changes, including curtailing judicial review of amendments (later struck down by the Supreme Court in Minerva Mills v. Union of India, 1980, which held that the basic structure of the Constitution cannot be amended). The 73rd and 74th Amendments (1992) introduced Panchayati Raj and urban local bodies, requiring ratification by states. The 86th Amendment (2002) made the right to education a fundamental right under Article 21A. The 101st Amendment (2016) introduced the Goods and Services Tax (GST), a landmark federal reform requiring ratification by more than half of the states. Regarding the delimitation of constituencies, the allocation of seats in Lok Sabha and state assemblies was frozen based on the 1971 Census through the 42nd Amendment (1976) to encourage population control measures. This freeze was extended by the 84th Amendment (2001) and the 87th Amendment (2003). The current bill proposes to supersede the 1971 Census-linked allocation, potentially altering political representation for the first time in over five decades.

Key Points & Facts

  • A Constitution Amendment Bill can be introduced in either House of Parliament.
  • Motions for introduction of such bills are adopted by a simple majority.
  • For adoption of effective clauses and motions for consideration and passing, a majority of not less than two-thirds of the members present and voting is required.
  • After being passed by both Houses, the bill must be ratified by at least half of the State Legislatures before coming into effect, as per Article 368(2).
  • There are currently 28 Legislative Assemblies; a minimum of 14 must pass a resolution in favour for ratification.
  • There is no deadline for state ratification; states can take as long as they need.
  • After ratification, the bill is presented to the President of India for final assent, after which it becomes an Act and is notified in the Gazette.
  • In the Lok Sabha (543 members), if all are present, 362 votes are needed for the special majority (two-thirds of the majority of the total membership).
  • If 450 members are present in Lok Sabha, at least 300 votes are needed. If 272 are present, 182 are needed.
  • In the Rajya Sabha (245 members), a full house requires 164 yes-votes. If 200 members are present, 134 votes are needed; at the minimum presence of 123, 82 votes are required.
  • The Constitution (One Hundred and Thirty-First Amendment) Bill, 2026 seeks to increase the size and composition of Lok Sabha and State Legislative Assemblies.
  • The bill supersedes the existing allocation linked to the 1971 Census with an open-ended formula, enabling Parliament to choose a Census year by ordinary law.
  • Opposition parties including TMC, DMK, BJD, and Congress have protested the proposed change.

Multi-Dimensional Analysis

Political & Constitutional Dimensions The government argues that the bill is necessary to ensure proportional representation based on current population data, as the allocation frozen since the 1971 Census is outdated. They contend that this will restore federal balance by giving more populous states greater representation. The opposition, particularly parties from southern India like DMK and TMC, view the bill as a biased move that could diminish their representation in Parliament and state assemblies, as southern states have largely succeeded in population control. They argue that the 'one person, one vote' principle must be balanced with federal equity, penalizing states that implemented family planning. The constitutional provision invoked is Article 368, which allows Parliament to amend the Constitution, but any amendment affecting representation in the House of the People or the Legislative Assemblies of States requires ratification by at least half of the state legislatures. This makes the matter a test of cooperative federalism and political consensus-building.

Economic & Financial Impact Financial implications include increased costs for conducting a census, potentially changing the base year for allocation, as well as the expenses related to expanding the size of Lok Sabha and state assemblies (new constituencies, infrastructure, salaries of additional MPs and MLAs). The bill's open-ended formula allows Parliament to decide the census year by ordinary law, which could lead to uncertainty for long-term planning by states and Union Territories. The fiscal impact on the Union budget would include higher expenditure on election machinery, constituency delimitation exercises, and possibly increased grant allocations under the Finance Commission if the population share of a state changes.

Social Dimensions The proposed amendment could impact representation based on the updated population data. States that have successfully implemented population control measures (e.g., Tamil Nadu, Kerala, Andhra Pradesh) fear a reduction in their share of seats, while states with higher population growth (e.g., Bihar, Uttar Pradesh, Rajasthan) stand to gain more representation. This raises equity concerns: it could discourage effective population control and marginalize states with better human development indicators. The bill does not address reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs), which would also need to be re-demarcated under a new delimitation exercise. Social justice groups worry that delimitation based solely on population may weaken the political voice of minorities and disadvantaged groups in states losing seats.

Governance & Administrative Aspects Implementing this amendment would require complex logistical exercises: conducting a new census (or deciding a census year), redrawing constituency boundaries by the Delimitation Commission, and building consensus among states and political parties. The lack of a deadline for state ratification could stall the bill indefinitely, as seen with previous contentious amendments. Administrative challenges include updating electoral rolls, ensuring adequate polling infrastructure in new constituencies, and training election officials. The open-ended formula creates uncertainty for state governments in planning localized development schemes tied to parliamentary constituency boundaries.

International Perspective Comparatively, the United States conducts a decennial census and uses it to reapportion seats in the House of Representatives among the states. India's freeze on the 1971 census was an exception aimed at encouraging family planning. Many democracies, like Germany and Australia, adjust representation based on periodic population counts, but they also have mechanisms to safeguard the interests of smaller states (e.g., the German Bundesrat's equal representation). India's unique requirement of state ratification for certain amendments under Article 368 is a strong check on central power, ensuring that major changes in federal structure have broad subnational consent.

Way Forward

Short-term measures: The government should build political consensus through all-party meetings and possible modifications to the bill, such as a gradual phase-in of new delimitation or a weighted formula that balances population with demographic performance. The 84th Amendment (2001) and the 87th Amendment (2003) had previously extended the 1971 Census freeze; a similar transitional mechanism could be considered to allay fears of southern states. Independent analyses by the Election Commission of India and the Delimitation Commission could be presented to demonstrate the impact on representation.

Medium-term reforms: The government could propose an amendment that links delimitation to current census data but with a safeguard: the Finance Commission could compensate states losing parliamentary seats through higher devolution or grants. The Second Administrative Reforms Commission's recommendations on strengthening federal institutions could be adapted to create an inter-state council mechanism for resolving delimitation disputes.

Long-term vision: India should consider an independent, constitutionally mandated process for regular delimitation based on each decennial census, as originally intended before the 1971 freeze. This would require the passage of the present amendment bill with broader stakeholder support. International best practices, such as Canada's independent boundary commissions or the UK's periodic reviews by the Boundary Commissions, could be studied to depoliticize the process. Additionally, the amendment could be made subject to ratification by states, but with a reasonable time limit to prevent indefinite delays, ensuring that institutional reforms keep pace with demographic changes.

What can be asked in exam?

  • •Prelims angle: A Constitution Amendment Bill requires a special majority of not less than two-thirds of members present and voting in each House of Parliament.
  • •Prelims angle: Under Article 368(2), if the amendment affects federal provisions, it must be ratified by at least half (50%) of the State Legislatures before receiving the President's assent.
  • •Prelims angle: Currently, there are 28 Legislative Assemblies in India; a minimum of 14 must pass a resolution for ratification.
  • •Mains angle: Discuss the process of amending the Constitution as laid down in Article 368, highlighting the special majority requirement and the role of state legislatures. (GS-II, Polity, 150 words)
  • •Mains angle: Examine the implications of The Constitution (One Hundred and Thirty-First Amendment) Bill, 2026 on federalism and representation in India. How does it balance the principle of 'one person, one vote' with federal equity? (GS-II, Polity, 250 words)

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The total geographical area of Bihar State is

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