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--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
CONSTITUTION OF INDIA
The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is next article in the series on constitutional provisions in order to aid our readers in understanding them.

82. "Readjustment after each cencus "

82. "Readjustment after each census.- Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:

Provided that such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House:

Provided further that such readjustment shall take effect from such date as President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment:

Provided also that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust-

(i) the allocation of seats in the House of the People to the States as readjusted on the basis of the 1971 census; and

(ii) the division of each State into territorial constituencies as may be readjusted on the basis of the 2001 census, under this Article."

The present structure of Article 82 has been amended from what it was in original Constitution. It was substituted in 1956 by 7 th Constitutional Amendment. Second and third proviso were inserted in 1976 by 42 nd Constitutional Amendment. Third proviso was amended vide two times 7 th Constitutional Amendment and 44 th Amendment. These amendments were needed in the light of increase in population in the country in the strata of 10 years. This is only for representation of members to House of People i.e. Lok Sabha and State Assemblies. It means that the increase in number of such members depends upon increase in population in the country.

The language of this Article spells that after each census the allocation of is readjusted. First proviso states, that such readjustment of States territorial Constituencies seats in Lok Sabha and division of each State into various territorial constituencies does not affect representation of Members in Lok Sabha until the dissolution of existing House. That means the census operation does not cope with the year of formation of each Lok Sabha. Second Proviso states that such readjustment comes to effect as fixation of date of effect by President of India. Third proviso provides that the readjustment is not necessary for the allocation of seats in Lok Sabha as readjusted as per 1971 census and division of each State into territorial constituencies as readjusted as per 2001 census, until the Gazette publication of the relevant figures for first census taken after 2026. The year 2026 was substituted for the year 2000 by 84 th Constitutional Amendment in year 2000 with effect from 21 st February, 2002.

In the year 1967 the Supreme Court in case of Meghraj Kothari v. Delimitation Commission , AIR 1967 SC 669 held that in respect of Article 82 as stood after Constitution 7 th Amendment in 1956, the power of delimitation of constituencies was given not by Article 82 but by article 327. Further held that reference to Article 82 in the Statement of Objects and Reasons of Delimitation Commission Act, 1962 did not mean that the act was law made under Article 82. The totality of this Article is that the allocation of Lok Sabha seats in Parliament of India relates to strength of population in respective States as per each census and Delimitation of territories.

 
 
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