Article 81 of the Costitution of India with Case law
Article 81 of the Constitution of India: Composition of the House of the People (Lok Sabha)
📜 Text of Article 81 (As Amended):
Article 81 – Composition of the House of the People
(1) Subject to the provisions of Article 331, the House of the People shall consist of:
(a) not more than 530 members chosen by direct election from territorial constituencies in the States, and
(b) not more than 20 members to represent the Union territories, to be chosen in such manner as Parliament may by law provide.(2) The allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be done in such manner that:
(a) the ratio between the number of seats allotted to each State and the population of the State is, as far as practicable, the same for all States; and
(b) each constituency in a State shall have, as far as practicable, equal population.(3) In this Article, the term “population” means the population as ascertained at the last preceding census of which the relevant figures have been published.
📝 Key Points of Article 81:
It deals with the structure of Lok Sabha (the Lower House of Parliament).
Provides a maximum limit of 550 members (530 from States + 20 from Union Territories).
Focuses on fair representation by maintaining proportionality to population.
Mentions that delimitation (division into constituencies) must aim at equal representation per citizen.
🧾 Important Amendments to Article 81:
42nd Amendment (1976):
Froze the allocation of seats and delimitation based on 1971 Census till the year 2000.
84th Amendment (2001):
Extended the freeze until 2026, though allowed readjustment of constituencies within a state based on population.
87th Amendment (2003):
Used the 2001 Census for readjusting constituencies without changing total number of seats.
⚖️ Case Laws related to Article 81:
1. Indira Nehru Gandhi v. Raj Narain (1975) AIR 2299
Relevance: Though the case focused on electoral malpractices under the Representation of the People Act, the Supreme Court emphasized the importance of free and fair elections and equal representation, principles rooted in Article 81.
2. Kuldip Nayar v. Union of India (2006) 7 SCC 1
Relevance: This case dealt with representation in the Rajya Sabha, but the Court discussed the federal structure and representation of States and Union Territories, tying in the philosophy of representation in Article 81.
3. Election Commission of India v. State of Haryana (1984)
The case underlined that delimitation must follow constitutional guidelines, including the principle of equal population distribution as set out in Article 81(2)(b).
🔍 Important Concepts Derived from Article 81:
Delimitation: Must reflect demographic balance.
Proportional Representation: Ensures equality of vote across states and constituencies.
Equity vs. Equality: Population-based allocation strives for representational equity in a diverse democracy.
✅ Conclusion:
Article 81 is crucial to ensuring that the House of the People represents the population fairly and proportionally. Though legal cases directly on Article 81 are few, its principles are fundamental to India's electoral framework, and are often addressed in delimitation, election reforms, and constitutional amendments.
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