Description

Why in News?

The Constitution (One Hundred and Thirty-First Amendment) Bill, 2026, along with the Union Territories Laws (Amendment) Bill, 2026, and the Delimitation Bill, 2026, were tabled in the Lok Sabha. These bills aim to adjust the scale of representation in Parliament and state assemblies while simultaneously introducing a mechanism for the removal of high-ranking officials if detained on serious criminal charges.

Articles Under Amendment

Article	Subject Matter	Proposed Change/Impact
Article 85	Manner of election of President.	Aims to maintain uniformity in the scale of representation of different states.
Articles 81 & 82	Composition of the Lok Sabha & readjustment after the census.	Relates to the delimitation of constituencies and the number of seats assigned to states and UTs.
Article 170	Composition of Legislative Assemblies.	Adjusts the seat allocation for State Assemblies in line with new delimitation data.
Articles 75 & 164	Appointment and removal of ministers.	Introduces a legal framework for the automatic removal of a PM or CM if detained for 30 consecutive days.
Articles 330, 332, 334	Reservation of seats for SCs and STs.	Extends and adjusts the special representation provisions within the newly delimited constituencies.

Key Features of the Proposed Bills

Delimitation Readjustment: The bills provide for the readjustment of the allocation of Lok Sabha and State Assembly seats based on the most recent available demographic data to ensure "one vote, one value."
Removal upon Detention: The Constitution (130th Amendment) Bill, 2025 proposes that a Prime Minister or Chief Minister must resign if detained for 30 consecutive days for an offence punishable by 5+ years of imprisonment.
UT Reorganization: The Union Territories Laws (Amendment) Bill extends these administrative and legislative changes specifically to UTs like Puducherry, Jammu & Kashmir, and Delhi (amending Article 239AA).

Significance of the Move

Political Accountability: Seeks to prevent a constitutional vacuum where a head of government remains in office while in judicial custody.
Democratic Representation: Delimitation ensures that the number of legislators is proportional to the current population, addressing the disparity caused by the freeze on seat numbers since the 1970s.
Uniformity: Ensures that Union Territories are brought under the same legal standards as States regarding the disqualification of ministers.

Concerns:

Federalism: Critics argue that allowing the Union-controlled investigative agencies to trigger the removal of a Chief Minister via arrest could undermine the mandate of state governments.
Basic Structure: Some legal experts suggest that automatic removal before a court conviction may violate the principle of presumption of innocence and the basic structure of the Constitution.
North-South Imbalance: Southern states, which have successfully implemented population control, fear that a population-based delimitation will significantly reduce their relative political weight compared to Northern states.

Way Forward

Consensus Building: The government should engage in meaningful dialogue with State governments, particularly from the South, to ensure that population control success is not penalized in seat distribution.
Independent Commission: Ensuring the Delimitation Commission functions with absolute transparency and includes diverse stakeholders will help maintain public trust in the redrawing of boundaries.
Alternative Metrics: Exploring a weightage system that balances population figures with other development or performance indices could mitigate the fears of states with lower population growth.
Timely Census: While the bills allow for immediate action, conducting a fresh, digital-first census remains the most scientific way to ensure fair representation.

Conclusion

The introduction of these three bills marks a watershed moment in Indian parliamentary history. While the expansion of the Lok Sabha to 850 members addresses the long-overdue need for better citizen representation, the method and timing of delimitation remain highly sensitive.

Source: Indian Express

Attempt Daily Quiz

PRACTICE QUESTION

Q. Who among the following does NOT participate in the election of the President of India?

a) Elected members of Rajya Sabha

b) Elected members of Legislative Assemblies of States

c) Nominated members of either House of Parliament

d) Elected members of Legislative Assemblies of Delhi and Puducherry

Answer: B

Explanation:

The President of India is elected by an electoral college as prescribed under Article 54 of the Constitution, which consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of all States, including the Union Territories of Delhi and Puducherry. Nominated members of the Rajya Sabha and Lok Sabha, as well as nominated members of State Legislative Assemblies, are excluded from the voting process to maintain the impartiality of the head of state toward those who were appointed rather than elected. Similarly, members of the State Legislative Councils (Vidhan Parishad), where they exist, do not participate in the presidential election regardless of whether they are elected or nominated.