Article 81(1)(a) prescribes an absolute limit of 500 elected members
in the House of the People. Article 81(1)(b) provides that the States
shall be divided, grouped or formed into territorial constituencies
and the number of members to be allotted to each such constituency
shall be so determined as to ensure that there shall be not less than
one member for every 750,000 of the population and not more than one
member for every 500,000 of the population.
The present delimitation of Parliamentary and Assembly constituencies
is based on the estimates of population which have been given legal
validity by an order of the President under article 387 of the
Constitution. Article 81(3) of the Constitution, however, requires
that upon the completion of each census, the representation of the
several territorial constituencies in the House of the People and the
Legislative Assemblies of each State shall be re-adjusted by such
authority, in such manner and with effect from such date as Parliament
may by law determine. A Bill providing for the matters referred to in
that article is being introduced in Parliament. Provision has been
made in that Bill for the setting up of a Delimitation Commission for
the purpose of effecting re-adjustment of the representation in the
House of the People and in the State Legislative Assemblies on the
basis of the population as ascertained at the census of 1951.
There is a considerable difference between the population of the
several States as estimated in the President's order and in the
population as ascertained at the census of 1951. At present, seats
have been allotted in the House of the People to Part A and Part B
States on the basis of one member for every 7.2 lakhs of the estimated
population giving a total of 470 members to these States. The census
figures are higher in all cases, and in view of the overall limit of
500 members prescribed in article 81(1) (a), it is not possible to
increase appreciably the total number of seats allotted to these
States. It is accordingly necessary to reduce the representation from
one member for every 7.2 lakhs of population to one member for every
7.5 lakhs of population as per 1951 census. As pointed out above,
this figure 7.5 lakhs is the maximum permissible under article
81(1)(b) as it now stands; but even so, if the average population of
a Parliamentary constituency in any State is to be 750,000 it is
obvious that the population of a certain number of constituencies will
exceed that figure. It is necessary, therefore, that article 81(1)(b)
should be amended relaxing the limits prescribed in that article so as
to avoid a constitutional irregularity in delimiting the
constitutencies for the purpose of re-adjustment of representation in
the House of the People as required under article 81(3) of the
Constitution. This Bill accordingly seeks to amend article 81(1)(b)
of the Constitution so as to replace the figures mentioned in that
article by the figures 850,000 and 650,000 respectively.
NEW DELHI; C.C. BISWAS.
The 19th May, 1952.
THE CONSTITUTION (SECOND AMENDMENT) ACT, 1952
An Act further to amend the Constitution of India.
[1st May, 1953.]
BE it enacted by Parliament as follows:-
1. Short title.-This Act may be called the Constitution (Second
Amendment) Act, 1952.
2. Amendment of article 81.-In sub-clause (b) of clause (1) of
article 81 of the Constitution, the words and figures "not less than
one member for every 750,000 of the population and" shall be omitted.