The Constitution of India
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 representation in the House of the People until the dissolution of the then existing House:
Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust -
(i) the allocation of seats in the House of People to the States as readjusted on the basis of the 1971 census; and
(ii) the division of each State into territorial constituencies as may be readjusted on the basis of the 2001 census,
under this article.
Why this exists
The framers wanted Lok Sabha seats to keep pace with population changes revealed by each census, ensuring roughly equal representation over time. But by the 1970s and 2000s, Parliament worried that fast-growing states would gain seats while states that successfully controlled population growth (mainly through family planning) would be penalized with fewer seats. To avoid discouraging population control efforts, the 42nd Amendment (1976) and later the 84th (2001) and 87th (2003) Amendments froze the total seat allocation among states at 1971 census levels, while still permitting internal constituency boundaries to be redrawn using more recent census data (first 1991, then 2001) for fairness within a state. The freeze was extended to last until after the first census following 2026.
How courts read it
Courts have generally stayed out of delimitation matters because Article 329(a) bars judicial review of laws relating to delimitation of constituencies. In Meghraj Kothari v. Delimitation Commission (1967), the Supreme Court held that orders of the Delimitation Commission, once notified, cannot be challenged in courts, reinforcing that readjustment under Article 82 is treated as a parliamentary/administrative process rather than one open to litigation.
Common misconceptions
- Myth: Seats in the Lok Sabha automatically increase every census as population grows.
Fact: Since 1976, total seats per state have been frozen at 1971 census levels; only internal constituency boundaries are updated, not the seat count itself. - Myth: The freeze on seat allocation is permanent and written into Article 82's original text.
Fact: The freeze was added later through constitutional amendments (42nd, 84th, and 87th) and is temporary — it lasts only until the first census after 2026 is published. - Myth: Courts can strike down a Delimitation Commission's decisions if a state feels it was unfairly treated.
Fact: Article 329(a) generally bars courts from questioning delimitation orders, as confirmed in Meghraj Kothari v. Delimitation Commission (1967).