Source: ITV
Subject: Polity
Context: The Constitution (One Hundred and Thirty-First Amendment) Bill, 2026 was defeated in the Lok Sabha, after failing to secure the mandatory two-thirds majority.
About The Constitution Amendment Bill:
What it is?
- A Constitution Amendment Bill is a specialized piece of legislation introduced under Article 368 to alter the fundamental text of the Constitution. Unlike ordinary bills, these require a higher threshold of consensus to ensure that the basic structure and federal balance of the country are not changed arbitrarily.
Constitutional Articles Involved:
- Article 368: Grants Parliament the power to amend the Constitution and lays down the specific procedures for different types of amendments.
- Article 81 & 82: Pertaining to the composition of the Lok Sabha and the delimitation of constituencies, which the 131st Bill sought to modify.
- Article 334A: Introduced by the 106th Amendment (2023), which the 131st Bill intended to amend to accelerate the women’s quota.
Procedure for Passing the Bill:
To become law, a Constitution Amendment Bill must navigate a rigorous three-step process:
- Special Majority: Must be passed by each House by a majority of the total membership of that House AND a majority of not less than two-thirds of the members present and voting.
- No Joint Sitting: Unlike ordinary bills, if there is a disagreement between the two Houses, a joint sitting cannot be summoned to resolve the deadlock.
- State Ratification: Since the 131st Bill affected the representation of states in Parliament (Articles 81/82), it also required ratification by at least one-half of the State Legislatures before receiving Presidential assent.
Key Features of the 131st Amendment Bill:
- Expansion of Lok Sabha: Proposed increasing the total seats from 543 to 850 to reflect demographic changes.
- Delinking from Census: Sought to allow delimitation based on pre-2026 data (specifically the 2011 Census) to enable the women’s quota by the 2029 elections.
- Uniform Reservation: Aimed to implement a 33% quota for women in the Lok Sabha and State Assemblies immediately after the new delimitation.
Recent Failure of the Bill:
The Bill faced a historic defeat on the floor of the House:
- The Vote: 298 members voted in favor while 230 voted against. While it achieved a simple majority, it fell short of the two-thirds majority (approximately 352 votes required if 528 were present).
- Opposition Stance: Opposition Leaders argued the Bill was an attack on the Constitution because it linked women’s rights to a controversial delimitation process that could alter India’s political structure.
- The Outcome: The Bill was stalled, and the Speaker adjourned the House following protests by the NDA leadership.
Implications:
- Reservation is now unlikely to be implemented for the 2029 General Elections, as the original 106th Amendment (2023) mandates waiting for the post-2026 Census.
- The freeze on Lok Sabha seats (based on the 1971 census) will continue, maintaining the status quo on regional representation.
