Women’s quota: Govt for House cap at 850, delimitation on 2011 Census

At the core of the move is the removal of the decades-old constitutional freeze on readjustment of seats, which had pegged representation to the 1971 Census. The new amendment enables delimitation based on the “latest published census figures” as may be notified by Parliament, effectively clearing the way for a comprehensive redistribution of seats in line with current population patterns.

The amendment caps the strength of elected members from states at 815 and from Union Territories 35, significantly increasing the size of Lok Sabha and altering the arithmetic of parliamentary majorities.

The Constitution (One Hundred and Thirty-First Amendment) Bill, 2026 seeks to amend Article 81 of the Constitution, which pertains to the composition of Lok Sabha. The amendment proposes to increase the total strength to 850, up from the current limit of 550.

As of date, Article 81 (2) and (3), freeze Lok Sabha seats as per the 1971 Census and Assembly seats as per the 2001 Census, “until the relevant figures for the first Census taken after the year 2026 have been published”. In normal course, this would have meant the 2031 Census. But the 2021 Census was delayed.

The Bill also amends the marginal heading of Article 82 from “Readjustment after each Census” to “Readjustment of constituencies”, and removes the requirement of readjusting the number of Lok Sabha seats in states after every Census.

Similarly, it makes amendments to the Articles pertaining to state Assemblies and reservation for Scheduled Castes and Scheduled Tribes, changing the basis from the 2001 Census to “such Census” that Parliament decides by law to use.

The accompanying Delimitation Bill lays down the institutional framework for this exercise. It provides for a Delimitation Commission headed by a Supreme Court judge, with the Chief Election Commissioner and State Election Commissioners as members, and gives it powers equivalent to a civil court. The Commission will be tasked with allocating seats across States, redrawing constituency boundaries, and determining reservation for SCs, STs and women.

Apart from the latest Census figures, the Delimitation Commission, like in the past, is required to ensure, as much as possible, that all constituencies are geographically compact areas. The “physical features, existing boundaries of administrative units, facilities of communication and public convenience” are also to be taken into account.

Crucially, the exercise will also trigger the implementation of the women’s reservation law passed in 2023. One-third of seats in the Lok Sabha and state Assemblies, including within SC and ST quotas, will be reserved for women, with constituencies to be rotated after each delimitation cycle.

The reservation is valid for a period of 15 years, with the possibility of extension by Parliament.

In the statement of objects and reasons to the Constitution amendment Bill, Law Minister Arjun Ram Meghwal cited the time that the next Census will take.

“While 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… The next census and the consequential delimitation exercise thereafter will take considerable time and thus, delay the effective and dedicated participation of

women in our democratic polity,” he wrote on April 11.

The UT Bill makes the relevant changes to the laws for Delhi, Jammu and Kashmir and Puducherry.

The sequencing is politically significant. The 2023 amendment had drawn criticism from Opposition parties for deferring implementation by linking it to delimitation after a fresh Census. By advancing the delimitation framework, the government has now moved to operationalise the quota, a reform that has remained stalled for decades.

At the same time, the move reopens a sensitive political question: the redistribution of seats across states. Since the freeze was introduced in the 1970s to incentivise population control, states that successfully reduced fertility rates, largely in the south, have retained their share of seats despite slower population growth. A fresh delimitation based on updated Census data would ideally increase the representation of states in the Hindi heartland, where population growth has been higher, potentially reducing the relative weight of southern states.

The government, however, has promised that the proportional share of states in the composition of Parliament as it stands today would not be disturbed. It will now be incumbent upon the delimitation commission to come up with a formula that can keep the promise.

The Bills also incorporate procedural safeguards, including the publication of draft delimitation proposals, inviting objections, and holding public hearings before finalisation.

Once notified, the commission’s orders will have the force of law and cannot be challenged in court, a provision aimed at ensuring finality but one that may itself invite scrutiny.

Opposition parties have broadly supported women’s reservation but remain wary of the broader implications of the delimitation exercise. Apart from concerns over seat redistribution, there are demands for an additional quota for women from Other Backward Classes (OBCs), which is not provided for in the current framework.

Beyond the immediate legislative changes, the impact on electoral politics is expected to be substantial. An expanded House will raise the threshold for a majority, potentially reshaping coalition dynamics. The rotation of women-reserved seats could disrupt entrenched political strongholds, forcing parties to rethink candidate selection and grassroots strategies.