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REGISTERED NO. DL-(N)04/0007/2003-26
The Gazette of India
CG-DL-E-16042026-271849
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 12]
NEW DELHI, THURSDAY, APRIL 16, 2026/CHAITRA 26, 1948 (Saka)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
LOK SABHA
The following Bills were introduced in Lok Sabha on 16th April, 2026:—
BILL NO. 107 OF 2026
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Seventy-seventh Year of the Republic of
India as follows:—
1. (1) This Act may be called the Constitution (One Hundred and Thirty-first
Amendment) Act, 2026.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. In article 55 of the Constitution, for the Explanation, the following
Explanation shall be substituted, namely:—
Amendment of
article 55.
‘Explanation.—In this article, the expression “population” means the
population as ascertained at such census, as Parliament may by law determine
under article 82 or article 170, of which the relevant figures have been
published.'.
3. In article 81 of the Constitution,—
Amendment of
article 81.
(a) for clause (1), the following clause shall be substituted, namely:—
"(1) The House of the People shall consist of—
(a) not more than eight hundred and fifteen members chosen
by direct election from territorial constituencies in the States; and
(b) not more than thirty-five members to represent the Union
territories, chosen in such manner as Parliament may by law
provide.";
(b) for clause (3), the following clause shall be substituted, namely:—
'(3) In this article, the expression “population" means the
population as ascertained at such census, as Parliament may by law
determine, of which the relevant figures have been published.'.
4. In article 82 of the Constitution,—
Amendment of
article 82.
(a) in the marginal heading, for the words "after each census", the words
"of constituencies" shall be substituted;
(b) for the words "Upon the completion of each census, the allocation of
seats", the words "The allocation of seats" shall be substituted;
(c) for the words "by such authority and in such manner", the words "in
such manner and on the basis of such census, by the Delimitation
Commission," shall be substituted;
(d) the third proviso shall be omitted.
5. In article 170 of the Constitution,—
Amendment of
article 170.
(a) in clause (1), for the words and figures "Subject to the provisions of
article 333, the Legislative Assembly", the words "The Legislative Assembly"
shall be substituted;
(b) in clause (2), for the Explanation, the following Explanation shall be
substituted, namely:—
‘Explanation. In this clause, the expression “population" means
the population as ascertained at such census, as Parliament may by law
determine, of which the relevant figures have been published.';
(c) in clause (3),—
(i) for the words "Upon the completion of each census, the total
number of seats", the words "The total number of seats" shall be
substituted;
(ii) for the words "by such authority and in such manner", the
words "in such manner and on the basis of such census, by the
Delimitation Commission," shall be substituted;
(iii) the third proviso shall be omitted.
6. In article 330 of the Constitution, after clause (3), for the Explanation, the
following Explanation shall be substituted, namely:—
Amendment of
article 330.
‘Explanation.—In this article and in article 332, the expression
"population" means the population as ascertained at such census, as Parliament
may by law determine, of which the relevant figures have been published.'.
7. In article 332 of the Constitution, for clauses (3A) and (3B), the following
clauses shall be substituted, namely:—
Amendment of
article 332.
"(3A) Notwithstanding anything contained in clause (3), upon
readjustment of the number of seats under article 170, the seats which shall be
reserved for the Scheduled Tribes in the Legislative Assemblies of the States
of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland shall be,—
(a) if all the seats in the Legislative Assembly of any such State
are held by members of the Scheduled Tribes, all the seats except one;
(b) in any other case, such number of seats as bears to the total
number of seats, a proportion not less than the number of members
belonging to the Scheduled Tribes which the existing Assembly bears to
the total number of seats in that Assembly.
(3B) Notwithstanding anything contained in clause (3), upon
readjustment of the number of seats under article 170, the seats which shall be
reserved for the Scheduled Tribes in the Legislative Assembly of the State of
Tripura shall be such number of seats as bears to the total number of seats, a
proportion not less than the number of members belonging to the Scheduled
Tribes which the existing Assembly bears to the total number of seats in that
Assembly.".
8. For article 334A of the Constitution, the following article shall be
substituted, namely:—
Substitution of
article 334A.
"334A. (1) Notwithstanding anything in the foregoing provisions of this
Part or Part VIII, the provisions of this Constitution relating to the reservation
of seats for women in the House of the People, the Legislative Assembly of a
State, the Legislative Assembly of the National Capital Territory of Delhi, the
Legislative Assembly of the Union territory of Puducherry and the Legislative
Assembly of the Union territory of Jammu and Kashmir shall come into effect
after an exercise of delimitation is undertaken for this purpose.
Reservation of
seats for women
to take effect.
(2) The reservation of seats for women in the House of the People, the
Legislative Assembly of a State, the Legislative Assembly of the National
Capital Territory of Delhi, the Legislative Assembly of the Union territory of
Puducherry and the Legislative Assembly of the Union territory of Jammu and
Kashmir shall cease to have effect on the expiry of a period of fifteen years
from the commencement of the Constitution (One Hundred and Sixth
Amendment) Act, 2023 unless Parliament may by law extend the period for
such further time as it may specify in this behalf.
(3) The seats reserved for women in the House of the People, the Legislative
Assembly of a State, the Legislative Assembly of the National Capital Territory
of Delhi, the Legislative Assembly of the Union territory of Puducherry and the
Legislative Assembly of the Union territory of Jammu and Kashmir shall be
allotted by rotation to different constituencies in a State or Union territory.
(4) Nothing in this article shall affect any representation in the House of
the People, the Legislative Assembly of a State, the Legislative Assembly of
the National Capital Territory of Delhi, the Legislative Assembly of the Union
territory of Puducherry or the Legislative Assembly of the Union territory of
Jammu and Kashmir after the exercise of delimitation is undertaken, until the
dissolution of the then existing House of the People or the Legislative
Assembly of a State or Union territory.".
STATEMENT OF OBJECTS AND REASONS
Article 82 and clause (3) of article 170 of the Constitution provide that upon
completion of each census, the total number of seats allotted to each State in the
House of the People and in the Legislative Assemblies, 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. The third proviso to article 82 and the
third proviso to clause (3), of article 170, inter alia, provide that there shall be no
fresh readjustment of constituencies until the relevant figures for the first census
taken after the year 2026 have been published.
2. The Constitution (Eighty-fourth Amendment) Act, 2001 amended
articles 55, 81, 82, 170, 330 and 332 to freeze the allocation of seats in the House of
the People and State Legislative Assemblies on the basis of the 1971 census until
the first census conducted after the year 2026, while providing for the readjustment
of territorial constituencies on the basis of the figures of the 1991 census.
3. Subsequently, the Constitution (Eighty-seventh Amendment) Act, 2003
amended articles 81, 82, 170 and 330 to provide for readjustment of territorial
constituencies including those reserved for the Scheduled Castes and the Scheduled
Tribes, based on the figures of 2001 census, without affecting the total number of
seats allotted to the States in the House of the People or the State Legislative
Assemblies.
4. While the freeze of seats on the basis of population figures of the year 1971
census served an important policy purpose, the country's demographic profile has
since undergone substantial changes, as reflected in the population figures of the
latest published census, including significant inter-State and intra-State population
shifts, rapid urbanisation and migration, and disproportionate growth in certain
regions, resulting in wide disparities in the population and the constituencies.
5. Meanwhile, the Constitution (One Hundred and Sixth Amendment)
Act, 2023 (popularly known as ‘Nari Shakti Vandan Adhiniyam'), amended
article 239AA and inserted articles 330A, 332A and 334A in the Constitution, to
provide for reservation of nearly one-third of seats for women in the House of the
People and the Legislative Assemblies (including women belonging to the
Scheduled Castes and the Scheduled Tribes) with the objective of achieving greater
participation of women in the House of the People, the Legislative Assembly of a
State and the Legislative Assembly of the National Capital Territory of Delhi. The
said provisions contemplate that such reservation shall become operative after the
first delimitation is undertaken on the basis of the relevant census taken after the
commencement of the said Amendment Act.
6. The next census and the consequential delimitation exercise thereafter will
take considerable time and thus, delay the effective and dedicated participation of
women in our democratic polity. Hence, the objective of the proposed Bill is to
operationalise one-third reservation for women, including women belonging to the
Scheduled Castes and the Scheduled Tribes, in the House of the People and the
Legislative Assemblies of the States, the National Capital Territory of Delhi and the
Union territories through delimitation exercise to be undertaken on the basis of the
population figures of the latest published census. Thus, the implementation of
reservation of seats for women is linked to the constitutional scheme of readjustment
in the allocation of seats in the House of the People and the Legislative Assemblies
and re-drawing boundaries of territorial constituencies by the Delimitation
Commission.
7. The proposed Bill would facilitate delimitation of territorial constituencies
and put in operation, the provisions providing for reservation of seats for women in
the House of the People and the Legislative Assemblies. This will also promote
women empowerment and provide opportunity for women to participate in the
nation-building process. In addition, the increased representation of women in the
decision-making process will promote inclusivity and help in achieving the goals of
Viksit Bharat@2047.
The Bill seeks to achieve the above objectives.
NEW DELHI;
The 11th April, 2026.
ARJUN RAM MEGHWAL.
BILL NO. 109 OF 2026
A Bill further to amend the Government of Union Territories Act, 1963, the Government
of National Capital Territory of Delhi Act, 1991 and the Jammu and Kashmir
Reorganisation Act, 2019.
BE it enacted by Parliament in the Seventy-seventh Year of the Republic of
India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Union Territories Laws (Amendment)
Act, 2026.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
CHAPTER II
AMENDMENTS TO THE GOVERNMENT OF UNION TERRITORIES ACT, 1963
2. In the Government of Union Territories Act, 1963 (hereafter in this Chapter
referred to as the principal Act), in the long title, for the words “Legislative
Assemblies and Councils of Ministers for certain Union territories", the words
"Legislative Assembly and Council of Ministers for the Union territory of
Puducherry" shall be substituted.
Amendment of
long title.
20 of 1963.
3. Throughout the principal Act, except section 58, for the word "Pondicherry"
wherever it occurs, the word "Puducherry” shall be substituted.
Substitution of
certain
expression with
certain other
expression.
4. In section 1 of the principal Act,—
Amendment of
section 1.
(a) in sub-section (1), for the words “Union territories", the words
"Union territory of Puducherry" shall be substituted;
(b) in sub-section (2), the provisos shall be omitted.
5. In Part II of the principal Act, in the heading, for the word “Assemblies”,"
the word "Assembly" shall be substituted.
Amendment of
heading of
Part II.
6. In section 3 of the principal Act, —
Amendment of
section 3.
(a) in the marginal heading, for the words "Assemblies for Union"
territories and their”, the words “Assembly and its” shall be substituted;
(b) in sub-section (1), for the words “each Union territory", the words
"the Union territory of Puducherry" shall be substituted;
(c) for sub-section (2), the following sub-section shall be substituted,
namely:-
"(2) The Legislative Assembly of the Union territory shall consist
of such number of members, to be chosen by direct election from
territorial constituencies in the Union territory, as may be determined by
the Delimitation Commission referred to in section 40A, which shall not
be less than thirty, in any case.";
(d) in sub-section (3), the following proviso shall be inserted,
namely:-
"Provided that the number of persons nominated under this
sub-section shall be increased to five, out of whom two shall be women,
only after readjustment of constituencies takes effect under the
applicable law on delimitation.";
(e) in sub-section (5), for the Explanation, the following Explanation
shall be substituted, namely:—
'Explanation. In this sub-section, the expression “population"
shall have the same meaning as provided in the applicable law on
delimitation.'.
7. In section 3A of the principal Act, in sub-section (3), for the words “in such
manner as Parliament may by law determine", the words, figures and letter “in the
manner provided by the applicable law on delimitation and the provisions of
article 334A shall apply to such reservation” shall be substituted.
Amendment of
section 3A.
8. Section 3B of the principal Act shall be omitted.
Omission of
section 3B.
9. In section 5 of the principal Act, in the marginal heading, for the word
"Assemblies", the word "Assembly" shall be substituted.
Amendment of
section 5.
10. In section 25 of the principal Act, the third proviso shall be omitted.
Amendment of
section 25.
11. In Part III of the principal Act,—
Amendment of
Part III.
(a) section 38 shall be omitted;
(b) in section 40, the following proviso shall be inserted, namely:—
"Provided that the seat allotted under this section shall be subject
to readjustment of constituencies by the Delimitation Commission
referred to in section 40A.";
(c) after section 40, the following section shall be inserted, namely:—
"40A. The readjustment of Assembly and Parliamentary
constituencies in the Union territory of Puducherry may be determined
by the Delimitation Commission under the applicable law on
delimitation:
Delimitation of
constituencies.
Provided that such readjustment shall not affect representation in
the Legislative Assembly until the dissolution of the then existing
Assembly:
Provided further that until such readjustment takes effect, any
election to the Legislative Assembly may be held on the basis of the
territorial constituencies existing before such readjustment.";
(d) sections 41, 42, 43, 43A, 43B, 43C, 43D, 43E and 43F shall be
omitted.
12. In section 44 of the principal Act, in sub-section (1), for the words “each
Union territory", the words "the Union territory of Puducherry” shall be substituted.
Amendment of
section 44.
13. Sections 53, 54, 54A and 57 of the principal Act shall be omitted.
Omission of
sections 53, 54,
54A and 57.
14. The Second Schedule to the principal Act shall be omitted.
Omission of
Second
Schedule.
CHAPTER III
AMENDMENTS TO THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
ACT, 1991
1 of 1992.
15. In the Government of National Capital Territory of Delhi Act, 1991
(hereafter in this Chapter referred to as the principal Act), in section 3,—
Amendment of
section 3.
(a) for sub-section (1), the following sub-section shall be substituted,
namely:-
"(1) The Legislative Assembly of the Capital shall consist of such
number of members, to be chosen by direct election from territorial
constituencies in the Capital, as may be determined by the Delimitation
Commission referred to in section 38, which shall not be less than
seventy, in any case.";
(b) in sub-section (3), for the Explanation and the provisos, the following
Explanation shall be substituted, namely:-
'Explanation.—In this sub-section, the expression “population"
shall have the same meaning as provided in the applicable law on
delimitation.'.
16. For section 38 of the principal Act, the following section shall be
substituted, namely:—
Substitution of
new section for
section 38.
"38. The readjustment of Assembly and Parliamentary constituencies in
the Capital may be determined by the Delimitation Commission under the
applicable law on delimitation:
Delimitation of
constituencies.
Provided that such readjustment shall not affect representation in the
Legislative Assembly until the dissolution of the then existing Assembly:
Provided further that until such readjustment takes effect, any election
to the Legislative Assembly may be held on the basis of the territorial
constituencies existing before such readjustment.".
17. Section 39 of the principal Act shall be omitted.
Omission of
section 39.
CHAPTER IV
AMENDMENTS TO THE JAMMU AND KASHMIR REORGANISATION ACT, 2019
18. In the Jammu and Kashmir Reorganisation Act, 2019 (hereafter in this
Chapter referred to as the principal Act), in section 10, the following proviso shall
be inserted, namely:-
Amendment of
section 10.
34 of 2019.
"Provided that the number of seats allocated under this section shall be
subject to readjustment of constituencies by the Delimitation Commission
referred to in section 60.".
19. In section 14 of the principal Act, -
Amendment of
section 14.
(a) for sub-section (3), the following sub-section shall be substituted,
namely:-
"(3) The Legislative Assembly of the Union territory of Jammu
and Kashmir shall consist of such number of members, to be chosen by
direct election from territorial constituencies in the Union territory, as
may be determined by the Delimitation Commission referred to in
section 60, which shall not be less than one hundred and fourteen, in any
case.";
(b) for sub-section (4), the following sub-section shall be substituted,
namely:-
"(4) Notwithstanding anything contained in sub-section (3), until
the area of the Union territory of Jammu and Kashmir under the
occupation of Pakistan ceases to be so occupied and the people residing
in that area elect their representatives, twenty-four seats in the
Legislative Assembly of Union territory of Jammu and Kashmir shall
remain vacant and shall not be taken into account for reckoning the total
membership of the Assembly.";
(c) in sub-section (7), for the Explanation, the following Explanation
shall be substituted, namely:—
'Explanation.—In this sub-section, the expression “population"
shall have the same meaning as provided in the applicable law on
delimitation.';
(d) sub-sections (9) and (10) shall be omitted.
20. In section 14A of the principal Act, in sub-section (3), for the words "in
such manner as Parliament may by law determine", the words, figures and letter "in
the manner provided by the applicable law on delimitation and the provisions of
article 334A shall apply to such reservation" shall be substituted.
Amendment of
section 14A.
21. Section 14B of the principal Act shall be omitted.
Omission of
section 14B.
22. In section 15 of the principal Act, the following proviso shall be inserted,
namely:-
Amendment of
section 15.
"Provided that the number of members nominated under this section
shall be increased to three, only after readjustment of constituencies takes
effect under the applicable law on delimitation.".
23. In section 15A of the principal Act, the following proviso shall be inserted,
namely:-
Amendment of
section 15A.
"Provided that the number of members nominated under this section
shall be increased to three, only after readjustment of constituencies takes
effect under the applicable law on delimitation.".
24. In Part V of the principal Act, —
Amendment of
Part V.
(a) section 59 shall be omitted;
(b) for section 60, the following section shall be substituted, namely:—
"60. The readjustment of Assembly and Parliamentary
constituencies in the Union territory of Jammu and Kashmir may be
determined by the Delimitation Commission under the applicable law on
delimitation:
Delimitation of
constituencies.
Provided that such readjustment shall not affect representation in
the Legislative Assembly until the dissolution of the then existing
Assembly:
Provided further that until such readjustment takes effect, any
election to the Legislative Assembly may be held on the basis of the
territorial constituencies existing before such readjustment.";
(c) sections 61, 62, 63 and 64 shall be omitted.
STATEMENT OF OBJECTS AND REASONS
The Constitution (One Hundred and Sixth Amendment) Act, 2023 amended
article 239AA and inserted articles 330A, 332A and 334A in the Constitution to
provide for reservation of seats for women in the House of the People and the
Legislative Assemblies, including in the Legislative Assemblies of Union
territories. The said provisions contemplate that such reservation shall become
operative after an exercise of delimitation undertaken on the basis of the relevant
census.
2. Further, the Constitution (One Hundred and Thirty-first Amendment)
Bill, 2026 seeks to revise the constitutional framework relating to delimitation,
allocation of seats and the meaning of “population”, by providing that readjustment
of constituencies and allocation of seats shall be undertaken by the
Delimitation Commission on the basis of such census as Parliament may by law
determine.
3. The provisions contained in the Government of Union Territories
Act, 1963, the Government of National Capital Territory of Delhi Act, 1991 and the
Jammu and Kashmir Reorganisation Act, 2019 are presently based on the existing
constitutional framework relating to population, delimitation and reservation. Under
the revised constitutional scheme, the expression “population", the allocation of
seats and the readjustment of Parliamentary and Assembly constituencies are
proposed to be governed with reference to such census as Parliament may by law
determine, and such readjustment is to be undertaken by the Delimitation
Commission. The revised scheme also aligns the operation of reservation of seats
for women in the Legislative Assemblies of the concerned Union territories with
article 334A of the Constitution and the delimitation exercise undertaken
thereunder. In view of these constitutional changes, the aforesaid enactments require
suitable amendments so as to bring them in conformity with the revised
constitutional scheme.
4. It is, therefore, proposed to amend the aforesaid enactments,
inter alia, to—
(i) align the provisions relating to determination of population with the
law relating to delimitation;
(ii) provide that the total number of seats in the Legislative Assemblies
and their territorial composition shall be determined by the Delimitation
Commission in accordance with the law made by Parliament, subject to
prescribed minimum strength;
(iii) align the provisions relating to reservation for women with the
constitutional framework under article 334A and the delimitation law;
(iv) provide for readjustment of Parliamentary and Assembly
constituencies by the Delimitation Commission along with appropriate
transitional safeguards; and
(v) omit obsolete, redundant or inconsistent provisions relating to earlier
delimitation arrangements, so as to ensure clarity and coherence in the
statutory framework.
5. The proposed amendments are largely consequential and enabling in nature,
arising from the revised constitutional framework, and are intended to ensure
consistency and effective implementation of the provisions relating to delimitation,
representation and reservation in the Legislative Assemblies of Union territories.
They do not involve any independent policy departure but seek to harmonise the
existing statutory provisions with the amended constitutional scheme.
6. The Bill seeks to achieve the above objectives.
NEW DELHI;
The 10th April, 2026.
AMIT SHAH.
BILL No. 108 OF 2026
A Bill to provide for the readjustment of the allocation of seats in the House of the People
to the States and Union territories, the total number of seats in the Legislative
Assembly of each State and Union territories having a Legislative Assembly,
the division of each State and each Union territory having a Legislative
Assembly into territorial constituencies for elections to the House of the
People and Legislative Assemblies of the States and Union territories and for
matters connected therewith.
BE it enacted by Parliament in the Seventy-seventh Year of the Republic of
India as follows:-
1. (1) This Act may be called the Delimitation Act, 2026.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
Definitions.
(a) "article" means an article of the Constitution;
(b) "associate member" means a member nominated under section 5;
(c) "Commission" means the Delimitation Commission constituted
under section 3;
(d) "Election Commission" means the Election Commission referred to
in article 324;
(e) "latest census figures” means the latest census figures published as
on the date of the constitution of the Commission under section 3;
(f) "member" means a member of the Commission and includes the
Chairperson;
(g) "notification” means notification published in the Official Gazette;
(h) "population" means the population ascertained at the latest census of
which the relevant figures have been published as on the date of the
constitution of the Commission; and
(i) "State" includes a Union territory having a Legislative Assembly.
3. (1) The Central Government may, from time to time, by notification,
constitute a Commission to be called the Delimitation Commission.
Constitution of
Delimitation
Commission.
(2) The Commission shall comprise of the following members, namely:—
(a) one member, who shall be a person who is or has been a Judge of the
Supreme Court, to be appointed by the Central Government, as the
Chairperson of the Commission;
(b) the Chief Election Commissioner or an Election Commissioner
nominated by the Chief Election Commissioner, ex officio:
Provided that after the nomination of an Election Commissioner as a
member under this clause, no further nomination under this clause shall be
made except to fill the casual vacancy of such member under section 6; and
(c) the State Election Commissioner of the State concerned, ex officio.
Explanation.—For the purposes of clause (c), the State Election Commissioner
of the State concerned,—
(i) in respect of the duties of the Commission relating to a State (other
than the States of Meghalaya and Nagaland), means the State Election
Commissioner appointed by the Governor of that State under clause (1) of
article 243K; and
(ii) in respect of the duties of the Commission relating to the States of
Meghalaya and Nagaland, means a person nominated by the Governor of that
State for such purposes.
(3) The Central Government may, by notification, specify the term of the
Commission:
Provided that the Central Government may, on the request of the Commission,
extend the term of the Commission by such further period as it may consider
necessary.
(4) The Election Commission shall act as Delimitation Commission for the
purpose of delimiting constituencies in the Legislative Assembly of the Union
territory of Jammu and Kashmir falling under the occupation of Pakistan, when the
area of the Union territory of Jammu and Kashmir under the occupation of Pakistan
ceases to be so occupied.
4. It shall be the duty of the Commission to readjust, on the basis of the latest
census figures, the allocation of seats in the House of the People to the States and
Union territories, the total number of seats in the Legislative Assembly of each
State and the division of each State and Union territories into territorial
constituencies for the purpose of elections to the House of the People and to the
Legislative Assembly:
Duties of the
Commission.
Provided that where on such readjustment only one seat is allocated in the
House of the People to a State or Union territory, the whole of that State or Union
territory shall form one territorial constituency for the purpose of elections to the
House of the People from that State or Union territory.
5. (1) The Commission shall associate with itself for the purpose of assisting
it in its duties in respect of each State, ten persons, five of whom shall be members
of the House of the People representing that State and five shall be members of the
Legislative Assembly of that State:
Associate
members.
Provided that where the number of members of the House of the People
representing any State is five or less, then, all such members shall be the associate
members for that State and in the latter case the total number of associate members
shall be less than ten by such number as by which the total number of members of
the House of the People representing that State is less than five.
(2) The persons to be so associated from each State shall be nominated, in the
case of the members of the House of the People, by the Speaker of that House, and in
the case of members of a Legislative Assembly, by the Speaker of that Assembly,
having due regard to the composition of the House or, as the case may be, of the
Assembly.
(3) The first nominations to be made under sub-section (2) shall be—
(a) made by the Speakers of the Legislative Assemblies within one
month, and by the Speaker of the House of the People within two months,
from the date of notification issued under sub-section (1) of section 3; and
(b) communicated to the Chief Election Commissioner, and where the
nominations are made by the Speaker of a Legislative Assembly, also to the
Speaker of the House of the People.
(4) None of the associate members shall have a right to vote or to sign any
decision of the Commission.
(5) The Commission shall have power to call upon—
(a) the Registrar-General and Census Commissioner, India or his
nominee; or
(b) the Surveyor General of India or his nominee; or
(c) any other officer of the Central Government or State Government; or
(d) any expert in geographical information system; or
(e) any other person,
whose expertise and knowledge are considered necessary by the Commission to
provide assistance to it in addition to the assistance provided by the persons referred
to in sub-section (1) and the officers and persons so called upon shall be duty bound
to assist the Commission.
(6) One of the Secretaries to the Election Commission, to be nominated by the
Election Commission, shall be the ex officio Secretary of the Commission and shall
discharge his functions with the assistance of the employees of the Election
Commission under the supervision of the Chairperson of the Commission.
6. If the office of the Chairperson or of a member or of an associate member
falls vacant owing to his death or resignation, it shall be filled as soon as may be
practicable by the Central Government or the Speaker concerned under and in
accordance with the provisions of section 3 or, as the case may be, of section 5.
Casual
vacancies.
7. (1) The Commission shall determine its own procedure and shall, in the
performance of its functions, have all the powers of a civil court under the Code of Civil
Procedure, 1908, while trying a suit, in respect of the following matters, namely:—
Procedure and
powers of
Commission.
5 of 1908.
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the production of any document; and
(c) requisitioning any public record from any court or office.
(2) The Commission shall have power to require any person to furnish any
information on such points or matters as in the opinion of the Commission may be
useful for, or relevant to, any matter under the consideration of the Commission.
(3) The Commission may authorise any of its members to exercise any of the
powers conferred on it by clauses (a) to (c) of sub-section (1) and sub-section (2),
and any order made or act done in exercise of any of those powers by the member
authorised by the Commission in that behalf shall be deemed to be the order or act,
as the case may be, of the Commission.
(4) If there is a difference of opinion among the members, the opinion of the
majority shall prevail, and acts and orders of the Commission shall be expressed in
terms of the views of the majority.
(5) The Commission as well as any group of associate members shall have
power to act notwithstanding the temporary absence of a member or associate
member or the existence of a vacancy in the Commission or in that or any other
group of associate members; and no act or proceeding of the Commission or of any
group of associate members shall be invalid or called in question on the ground,
merely of such temporary absence or of the existence of such vacancy.
(6) The Commission shall be deemed to be a civil court for the purposes of
sections 384 and 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
46 of 2023.
Explanation.—For the purposes of enforcing the attendance of witnesses, the
local limits of the jurisdiction of the Commission shall be the limits of the territory
of India.
8. The Commission shall, on the basis of the latest census figures and having
regard to the provisions of articles 81, 82, 170, sub-clause (b) and sub-clause (bc)
of clause (2) of article 239AA, articles 330, 330A, 332, 332A and 334A, and also in
relation to the Union territory of Puducherry, the National Capital Territory of Delhi
and the Union territory of Jammu and Kashmir, having regard to the relevant
provisions of the Government of Union Territories Act, 1963, the Government of
National Capital Territory of Delhi Act, 1991 and the Jammu and Kashmir
Reorganisation Act, 2019, respectively, by order, determine, —
Readjustment of
number of seats.
20 of 1963.
1 of 1992.
34 of 2019.
(a) the number of seats in the House of the People to be allocated to each
State and Union territory and the number of seats, if any, to be reserved for
the Scheduled Castes and the Scheduled Tribes;
(b) the total number of seats to be assigned to the Legislative Assembly
of each State and the number of seats, if any, to be reserved for the Scheduled
Castes and the Scheduled Tribes; and
(c) the reservation of as nearly as may be, one-third of the total number
of seats in the House of the People and the Legislative Assemblies of the States
for women, including women belonging to the Scheduled Castes and the
Scheduled Tribes:
Provided that the total number of seats assigned to the Legislative
Assembly of any State under this section shall be an integral multiple of the
number of seats in the House of the People allocated to that State:
Provided further that the seats reserved for women in the House of the
People and the Legislative Assemblies of the States, including women
belonging to the Scheduled Castes and the Scheduled Tribes, shall be allotted
by rotation to different constituencies in a State or a Union territory:
Provided also that seats reserved for women belonging to the Scheduled
Castes and the Scheduled Tribes shall be rotated within the constituencies
reserved for the Scheduled Castes or the Scheduled Tribes, as the case may be.
9. (1) The Commission shall, in the manner herein provided, distribute the
seats in the House of the People allocated to each State and Union territory and the
seats assigned to the Legislative Assembly of each State to single-member territorial
constituencies and delimit them on the basis of the latest census figures, having
regard to the provisions of the Constitution, the provisions of the Acts specified in
section 8 and the following provisions, namely:—
Delimitation of
constituencies.
(a) all constituencies shall, as far as practicable, be geographically
compact areas, and in delimiting them regard shall be had to physical features,
existing boundaries of administrative units, facilities of communication and
public convenience;
(b) every Assembly constituency shall be so delimited as to fall wholly
within one Parliamentary constituency;
(c) constituencies in which seats are reserved for the Scheduled Castes
shall be distributed in different parts of the State and located, as far as
practicable, in those areas where the proportion of their population to the total
is comparatively large;
(d) constituencies in which seats are reserved for the Scheduled Tribes
shall, as far as practicable, be located in areas where the proportion of their
population to the total is the largest; and
(e) constituencies in which seats are reserved for the women including
women belonging to the Scheduled Castes and the Scheduled Tribes, and
rotation of such seats.
(2) The Commission shall—
(a) publish its proposals for the delimitation of constituencies, together
with the dissenting proposals, if any, of any associate member who desires
publication thereof, in the Gazette of India and in the Official Gazettes of all
the States concerned and also in such other manner as it thinks fit;
(b) specify a date on or after which the proposals shall be further
considered by it;
(c) consider all objections and suggestions which may have been
received by it before the date so specified, and for the purpose of such
consideration, hold one or more public sittings at such place or places in each
State as it thinks fit; and
(d) thereafter by one or more orders determine—
(i) the delimitation of Parliamentary constituencies; and
(ii) the delimitation of Assembly constituencies,
of each State.
10. (1) The Commission shall cause each of its orders made under section 8
or section 9 to be published in the Gazette of India and in the Official Gazettes of
the States concerned and simultaneously cause such orders to be published at least
in two vernacular newspapers and publicise on radio, television and other possible
media available to the public and after such publication in the Official Gazettes of
the States concerned, every District Election Officer shall cause to be affixed, the
Gazette version of such orders relating to the area under his jurisdiction, on a
conspicuous part of his office for public notice.
Publication of
orders and their
date of
operation.
(2) Upon publication in the Gazette of India, every such order shall have the
force of law and shall not be called in question in any court.
(3) As soon as may be after such publication, every such order shall be laid
before the House of the People and the Legislative Assemblies of the States
concerned.
(4) Subject to the provisions of sub-section (5), the readjustment of
representation of the several territorial constituencies in the House of the People or
in the Legislative Assembly of a State and the delimitation of those constituencies
provided for in any such order shall apply in relation to every election to the House
or to the Assembly, as the case may be, held after the publication in the Gazette of
India of that order and shall so apply in supersession of the provisions relating to
such representation and delimitation contained in any other law for the time being
in force or any order or notification issued under such law in so far as such
representation and delimitation are inconsistent with the provisions of this Act.
(5) Nothing in this section shall affect the representation in the House of the
People or in the Legislative Assembly of a State until the dissolution of the House
or of the Assembly, as the case may be, existing on the date of publication in the
Gazette of India of the final order or orders of the Commission relating to the
delimitation of Parliamentary constituencies or, as the case may be, of the Assembly
constituencies of that State and any bye-election to fill any vacancy in such House
or in any such Assembly shall be held on the basis of the provisions of the laws and
orders superseded by sub-section (4) as if the said provisions had not been
superseded.
(6) The Commission shall endeavour to complete and publish each of its
orders referred to in sub-section (1) in the manner provided in that sub-section,
within the term specified in the notification issued under sub-section (3) of
section 3.
11. (1) The Election Commission may, from time to time, by notification in
the Gazette of India and in the Official Gazette of the State concerned, -
Power to
maintain
delimitation
orders up-to-
date.
(a) correct any printing mistake in any of the orders made by the
Commission under section 9 or any error arising therein from an inadvertent
slip or omission; and
(b) where the boundaries or name of any district or any territorial
division mentioned in any of the said orders are or is altered, make such
amendments as appear to it to be necessary or expedient for bringing the orders
up-to-date, so, however, that the boundaries or areas or extent of any
constituency shall not be changed by any such notification.
(2) Every notification under this section shall be laid, as soon as may be after
it is issued, before the House of the People and the Legislative Assembly of the State
concerned.
12. The provisions of this Act shall have overriding effect, notwithstanding
anything contained in any other law for the time being in force, in respect of duties,
powers and functions of the Commission under this Act.
33 of 2002.
Act to have
overriding
effect.
13. The Delimitation Act, 2002 is hereby repealed.
Repeal.
STATEMENT OF OBJECTS AND REASONS
The existing allocation of seats of Parliamentary and Assembly Constituencies
is based on the population figures published as per 1971 census and division of
territorial constituencies is based on the population figures published as per 2001
census. The growth of population thereafter, across different constituencies in
various parts of the country as well as within the same State along with migration
of people from one place to other, especially from rural areas to urban areas, have
resulted in varying density of population in electoral constituencies.
2. Articles 82 and 170 of the Constitution provide that the allocation of seats
in the House of the People to the States and in the Legislative Assemblies, and the
division of each State into territorial constituencies shall be readjusted in such
manner and on the basis of such census, by such authority (the Delimitation
Commission), as Parliament may by law determine.
3. Further, articles 239AA, 330A, 332A and 334A provide for, as nearly as
may be, one-third reservation of seats for women in the House of the People and the
Legislative Assemblies of the States, including within the seats reserved for the
Scheduled Castes and the Scheduled Tribes. These articles make provisions for
enhancing women's representation in the House of the People and the Legislative
Assemblies effectively to enable greater participation of women in policy making
and governance.
4. The purpose of the Bill is to constitute the Delimitation Commission to
undertake the exercise of delimitation, inter alia, to provide reservation of seats for
women in the House of the People and the Legislative Assemblies.
5. The provisions of the Bill seek to provide for the manner in which such
exercise of delimitation will be undertaken by the Delimitation Commission, as may
be constituted from time to time. The Delimitation Commission is empowered with
the task of carrying out delimitation of Parliamentary and Assembly constituencies
and to allocate seats to be reserved for women, including women belonging to the
Scheduled Castes and the Scheduled Tribes, in the House of the People and the
Legislative Assemblies. The proposed delimitation will apply to every general
election to the House of the People and the Legislative Assemblies held after the
final orders of the Delimitation Commission are published and to every bye-election
held thereafter.
The Bill seeks to achieve the above objectives.
NEW DELHI;
The 11th April, 2026.
ARJUN RAM MEGHWAL.
FINANCIAL MEMORANDUM
Clause 3 of the Bill seeks to provide for the constitution of a Delimitation
Commission consisting of three members of whom one shall be a person who is or
has been a Judge of the Supreme Court and two other members being the Chief
Election Commissioner or an Election Commissioner nominated by the Chief
Election Commissioner and the State Election Commissioner of the concerned
State, ex officio. The Commission shall also associate with itself for the purpose of
assisting it in its duties in respect of each State, ten persons, five of whom shall be
the members of the House of the People representing that State nominated by the
Speaker of that House and five shall be the members of the Legislative Assembly
of that State nominated by the Speaker of that Assembly.
2. The expenditure on account of setting up of the Commission including the
salary and allowances of the Chairperson and other expenses in connection with the
working of the Commission will be met from the Consolidated Fund of India and
will be borne by the Election Commission of India along with other expenses
incurred for the purpose of delimitation by the Commission.
3. At this stage, it is not possible to estimate precisely the total expenditure
likely to be incurred on the proposed Commission.
UTPAL KUMAR SINGH,
Secretary-General.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054.
MGIPMRND-22 GI(S4)—16-04-2026.
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