Article 368 Explained: Why Constitutional Amendment Bill 2026 Failed in Parliament

Context

In the April 2026 special session, the government introduced a legislative package to overhaul India’s electoral map.

• Two instruments:

  1. Constitution (131st Amendment) Bill, 2026 → to change constitutional rules
  2. Delimitation Bill, 2026 → to execute delimitation

• Outcome: 131st Amendment Bill failed (no special majority) → Delimitation Bill withdrawn
• Core issue: Immediate delimitation + advancing women’s reservation vs delay/federal concerns

Constitution (131st Amendment) Bill, 2026 — Key Proposals

A. Article 81 (Lok Sabha strength)
• Increase maximum strength: 550 → 850 seats
• 815 (States) + 35 (UTs)

B. Article 82 (Delimitation trigger)
• Remove constitutional freeze (till post-2026 Census)
• Shift power: Parliament can decide which Census data to use
→ Enables use of 2011 Census

C. Article 170 (State Assemblies)
• Similar changes for State Legislative Assemblies
• Allows resizing based on updated population data

D. Article 334A (Women’s Reservation)
• De-linked reservation from future Census
• Proposal: implement immediately after 2026 delimitation

Delimitation Bill, 2026 — Operational Framework

A. Delimitation Commission
• Head: Sitting/retired Supreme Court Judge
• Members: Chief Election Commissioner + State Election Commissioners

B. Associate Members
• 10 per state (5 MPs + 5 MLAs)
• Advisory role → no voting power

C. Operational Rule
• Use 2011 Census for:
• Redrawing constituencies
• Allocating 850 seats among states

Friction Points (Govt vs Opposition)

A. Timing of Women’s Reservation
• Govt: Immediate via delimitation (de-link from Census)
• Opposition: Earlier law (2023) made it conditional → confusion + policy inconsistency

B. Census basis (2011 vs fresh Census)
• Govt: Use 2011 data for speed
• Opposition: Outdated → distorts representation

C. Federal imbalance
• Southern states fear seat loss due to population-based redistribution
• Debate: population vs performance (population control)

D. Expansion of Lok Sabha (850 seats)
• Govt: Needed for better representation
• Opposition: May alter political balance significantly

Article 368 — Why the Amendment Bill failed

Textual requirement (Special Majority):
A Constitution Amendment Bill must be passed by:

  1. Majority of total membership of the House, and
  2. Not less than two-thirds of members present and voting

Application here:
• Required (2/3rd): 352
• Votes in favour: 298 → insufficient
→ 131st Amendment Bill failed

Result:
• Constitutional changes could not be made
• Hence, Delimitation Bill lost legal basis → withdrawn

PYQ – 2022, Ans – B

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