Article 82 under Part V of the Constitution of India provides a guarantee of fair and proportional representation in the Parliament in order to uphold the spirit of democracy. Article 82 of the Indian Constitution plays an important role in representing democratic fairness. It makes it necessary that the readjustment of Lok Sabha seats and the division of states into territorial constituencies after each Census reflect changing population patterns. This process, known as delimitation, ensures that representation keeps pace with demographic shifts, thereby reinforcing the principle of “one person, one vote.” In this article, we are going to cover all about Article 82, its interpretation and its significance in the Constitution of India.
Article 82 of the Constitution of India Interpretation
Article 82 of the Constitution of India provides the framework for providing equal representation in the Lok Sabha through periodic readjustment of seats. It is necessary that after every Census, the allocation of seats and the division of states into territorial constituencies must be revised to reflect population changes.
- Census-Based Readjustment: Lok Sabha seat allocation and constituency division are to be revised after each Census.
- Parliamentary Oversight: Parliament determines the process and authority for delimitation through a Delimitation Act.
- Delimitation Commission: An independent body tasked with redrawing constituency boundaries using census data.
- Proportional Representation: Ensures each state's Lok Sabha representation aligns with its population.
- Frozen Seat Allocation: To promote population control, seat allocation has been frozen based on the 1971 Census.
- Boundary Adjustments: Though seat numbers remain static, boundaries and SC/ST reservations were redrawn using the 2001 Census and are due for revision post-2026.
Article 82 of Indian Constitution Landmark Cases
Judicial interpretations have played a key role in shaping the understanding and application of Article 82 of the Indian Constitution, particularly in the context of electoral fairness and delimitation. While not always directly focused on Article 82, several landmark cases have clarified its significance within India's constitutional and legal framework:
- Kuldip Nayar v. Union of India (2006):
Though not directly centered on Article 82, the Supreme Court reaffirmed Parliament's authority to regulate electoral processes, indirectly reinforcing its power under Article 82(1) to oversee delimitation through legislation.
- Indira Nehru Gandhi v. Raj Narain (1975):
This pivotal case emphasized the constitutional limits on electoral laws, underlining how periodic delimitation—as mandated by Article 82—upholds the principle of equitable and representative democracy.
- Union of India v. Association for Democratic Reforms (2002):
The Court’s emphasis on transparency in electoral processes aligned with the broader goals of Article 82 in strengthening democratic participation, even though delimitation was not the core issue in the case.
- Ashok Kumar v. Election Commission of India (2000):
The judgment highlighted the Election Commission's responsibility to ensure free and fair elections, which includes implementing delimitation exercises as per Article 82(2).
Article 82 of Indian Constitution FAQs
Q1: What is the Article 82 of the Constitution?
Ans: Article 82 provides for the readjustment of Lok Sabha seats and the division of states into territorial constituencies after each census.
Q2: What is Article 81 and 82 of the Constitution of India?
Ans: Article 81 deals with the composition of the Lok Sabha, while Article 82 provides for the delimitation of constituencies based on census data.
Q3: What is the Article 82 of the Delimitation Commission?
Ans: Article 82 empowers Parliament to enact a law establishing a Delimitation Commission for adjusting Lok Sabha seats post-census.
Q4: What is Part V of the Constitution of India?
Ans: Part V outlines the structure, powers, and functions of the Union Government, including the President, Parliament, and Union Judiciary.
Q5: How many seats are there in the Lok Sabha?
Ans: The Lok Sabha currently has 545 seats—543 elected members and 2 nominated members.