Article 82 of the Costitution of India with Case law
vArticle 82 of the Constitution of India
Text of Article 82 – Readjustment after each census:
"Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:
Provided that such readjustment shall not affect the representation in the House of the People until the dissolution of the then existing House:"
(This article has been subject to amendments and constitutional freezes.)
Key Concepts:
Purpose:
To reallocate Lok Sabha seats and redraw constituency boundaries based on population changes reflected in the Census.
Parliament’s Power:
Parliament decides how and by whom the readjustment is done (e.g., through the Delimitation Commission).
No Immediate Effect:
Changes only apply after the next general election (i.e., dissolution of the current House).
Important Developments:
1. Constitutional Amendments Impacting Article 82:
42nd Amendment (1976):
Froze delimitation based on the 1971 Census until 2001, to encourage population control.
84th Amendment (2001):
Extended the freeze until 2026, based on 2001 Census, allowing only rationalization (not increase) of seats.
87th Amendment (2003):
Allowed delimitation based on the 2001 Census, but without changing the number of seats.
Relevant Case Law:
1. Kuldip Nayar v. Union of India (2006) 7 SCC 1
Context: Though mainly about Rajya Sabha representation, the case discussed delimitation and proportional representation.
Relevance: Court upheld Parliament’s power under Article 82 to legislate on constituency readjustment post-census.
2. In Re: The Delimitation Act, 2002
Context: Challenges to the Delimitation Act and its implementation.
Held: The Delimitation Commission’s decisions are final and cannot be challenged in court under Article 329(a).
Relevance: Reinforces Article 82’s mechanism, where delimitation is mandatory post-census, subject to constitutional provisions.
Delimitation Commission:
Set up under Delimitation Acts (like 1952, 1962, 2002), the commission is tasked with:
Redrawing Lok Sabha and State Assembly constituencies.
Ensuring population-based representation.
Summary:
Article 82 mandates readjustment of Lok Sabha seats and constituencies after every census, guided by Parliament.
Delimitation is crucial for fair representation but is frozen until 2026, as per recent amendments.
Judicial Review is limited under Article 329, making Delimitation Commission's decisions largely final.
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