The 131st Constitutional Amendment Bill, 2026

Summary

• Current Event: The 131st Constitutional Amendment Bill, 2026, was defeated in the Lok Sabha in April 2026.
• The Failure: Although 298 members voted in favor, the bill failed to meet the two-thirds majority requirement (roughly 352 votes were needed based on attendance).
• Core Proposal: The bill sought to expand the Lok Sabha to 850 seats and fast-track the 33% women’s reservation by using 2011 Census data instead of waiting for the post-2026 Census.
• Constitutional Lock: Because the bill was defeated, the 106th Amendment (2023) rules stand, meaning women’s reservation remains tied to the post-2026 Census and subsequent delimitation.
• Status Quo: Lok Sabha seats will remain frozen at 543 (based on the 1971 Census) for the foreseeable future.

Background Concept

The procedure for amending the Constitution is unique, balancing “flexibility” with “rigidity.” It ensures that while the document can evolve, its core principles cannot be changed by a simple majority.

1. Article 368: The Amendment Power

Article 368 of Part XX of the Constitution grants Parliament the power to amend by way of addition, variation, or repeal. However, the Supreme Court ruled in the Kesavananda Bharati case (1973) that Parliament cannot use this power to alter the “Basic Structure” of the Constitution.

2. The Three Types of Majorities

Amendments generally fall into three categories based on the level of consensus required:

Type of Amendment	Majority Required	Examples
Simple Majority	> 50% of members present and voting.	Admission of new states, salaries of MPs.
Special Majority	1. > 50% of Total Membership. 2. $\geq$ 2/3rd of Present and Voting.	Fundamental Rights, Directive Principles.
Special Majority + State Ratification	Special Majority + Approval by $\geq$ 50% of States.	Election of President, Federal Structure, Seat Distribution (Art 81/82).

3. Why the 131st Bill Failed

The 131st Bill was particularly complex because it touched upon the Federal Structure (representation of states in Parliament).

• Dual Requirement: It needed a Special Majority in both Houses and then ratification by half the states.
• No Joint Sitting: Unlike ordinary bills where a deadlock can be resolved by a joint session of both houses, Article 368 does not allow for a joint sitting. If one House rejects it (or it fails the majority test), the bill dies immediately.

Key Features and Implications of the 131st Bill

• Delimitation Delinking: The 106th Amendment (2023) stated that women’s reservation would only occur after a new census and delimitation. The 131st Bill tried to “delink” these, allowing 2011 data to be used to implement the quota by the 2029 elections.
• Seat Expansion (850): The jump from 543 to 850 seats was intended to correct the “population-to-MP” ratio, which has become highly skewed since 1971.
• Political Deadlock: Opposition feared that seat expansion based on current population would unfairly benefit northern states, leading to a loss of political “weight” for southern states that successfully implemented population control.

Multiple Choice Questions (MCQs)

Q1. Under which Article of the Indian Constitution is the procedure for amendment laid down?

A) Article 352

B) Article 360

C) Article 368

D) Article 370

Q2. Why was a joint sitting of Parliament NOT called to save the 131st Amendment Bill?

A) The President refused the request.

B) Article 368 does not provide for a joint sitting for Constitutional Amendments.

C) The Opposition staged a walkout.

D) The Bill did not have a simple majority.

Q3. To pass a Constitutional Amendment Bill affecting the federal structure (like Article 81), what is the mandatory requirement after Parliament passes it?

A) Approval by the Supreme Court.

B) Ratification by at least half of the State Legislatures.

C) A national referendum.

D) Approval by the NITI Aayog.

Q4. What was the proposed number of Lok Sabha seats in the defeated 131st Amendment Bill?

A) 545

B) 750

C) 850

D) 1000

Q5. According to the 106th Amendment Act (2023), when will the 33% women’s reservation finally be implemented?

A) Immediately in 2026.

B) After the first Census taken after 2023 and the subsequent delimitation.

C) Only after the 2034 elections.

D) It has been permanently cancelled.

Answers:

Q1: C | Q2: B | Q3: B | Q4: C | Q5: B