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  4. Explained: Why Constitution 131st Amendment Delimitation bill Failed Special Majority Test in Lok Sabha
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PolityEditorial Team
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18/04/2026

Explained: Why Constitution 131st Amendment Delimitation bill Failed Special Majority Test in Lok Sabha

Constitution Amendment BillArticle 368Special MajorityDelimitationWomen's Reservation
Why in News?

The Constitution (131st Amendment) Bill, 2026 failed to pass in the Lok Sabha because it did not receive the special majority required under Article 368 of the Constitution. The bill sought to enable fresh delimitation, increase Lok Sabha strength to 850 seats and operationalise one-third women’s reservation. This article explains the constitutional amendment procedure, special majority requirement, technical provisions of the bill, delimitation framework and all basic constitutional concepts behind why such a bill can fail in Parliament.

Key Points
1

The Constitution (131st Amendment) Bill, 2026 proposed amendments to Articles 81, 82 and related provisions to allow delimitation based on population determined by Parliament.

2

It aimed to increase the maximum strength of the Lok Sabha to 850 seats (815 from States and 35 from Union Territories).

3

The bill sought to remove the existing freeze on readjustment of seats and operationalise one-third reservation for women after delimitation.

4

Under Article 368, the bill required a special majority in each House of Parliament.

5

The bill did not secure the required two-thirds majority of members present and voting in the Lok Sabha.

6

Following the failure, the government withdrew the related Delimitation Bill, 2026 and Union Territories Laws (Amendment) Bill, 2026.

Explained
1

What is a Constitutional Amendment Bill?

A Constitutional Amendment Bill is a legislative proposal to change, add or repeal any provision of the Constitution of India.

It is introduced in either House of Parliament like an ordinary bill but follows a stricter procedure under Article 368.

Unlike ordinary laws, it cannot be passed by simple majority and requires special majority in Parliament.

2

What does Article 368 say about the amendment procedure?

Article 368 gives Parliament the constituent power to amend the Constitution.

The bill can be introduced in either House of Parliament.

It must be passed in each House separately by a special majority — that is, a majority of the total membership of the House and at least two-thirds of the members present and voting.

There is no provision for a joint sitting of both Houses in case of disagreement.

For certain amendments that affect the federal structure, ratification by at least half of the State Legislatures is also required before the President gives assent.

3

Why is special majority mandatory for constitutional amendments?

The Constitution makers wanted to ensure that changes to the basic document of the nation are not made easily or by a simple majority.

Special majority protects the Constitution from frequent or hasty alterations.

It reflects the federal and rigid nature of the Indian Constitution, making it more difficult to amend than ordinary laws.

4

What were the key technical provisions of the Constitution (131st Amendment) Bill, 2026?

The bill proposed to amend Article 81 (composition of the House of the People) to increase the maximum number of seats.

It sought to amend Article 82 (readjustment after each Census) to allow delimitation on the basis of a Census as determined by Parliament.

It aimed to remove the existing constitutional freeze on seat readjustment (based on 1971 Census figures).

The bill was linked to the implementation of one-third reservation for women in Lok Sabha and State Assemblies as provided in the 2023 Women’s Reservation Act.

5

How does delimitation work under the Constitution?

Delimitation is the process of redrawing boundaries of parliamentary and assembly constituencies based on population.

Article 82 requires readjustment of seats after every Census.

A Delimitation Commission is constituted to carry out this exercise.

The Commission’s orders have the force of law and cannot be challenged in any court.

The bill sought to enable an early delimitation exercise to facilitate implementation of women’s reservation.

6

Why did the Constitution (131st Amendment) Bill, 2026 fail to pass?

Constitutional amendment bills require a special majority under Article 368.

The bill did not receive the required two-thirds majority of the members present and voting in the Lok Sabha.

When a bill fails to meet this constitutional threshold, it cannot proceed further and is considered not passed.

This is a purely procedural outcome based on the constitutional requirement of special majority.

7

What happens when a constitutional amendment bill fails?

The bill lapses and cannot become part of the Constitution.

The government may choose to withdraw related bills or introduce a fresh amendment bill in a future session.

The existing constitutional provisions (including the freeze on delimitation and the conditions for women’s reservation) continue to apply.

Mains Question

Discuss the constitutional procedure for amendment of the Constitution under Article 368 and explain why a special majority is required for such bills. In this context, analyse the technical reasons that can lead to the failure of a constitutional amendment bill in Parliament.

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