Article 81 – Composition of House of the People

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Article 81 of the Constitution of India deals with the composition of the House of the People, commonly known as the Lok Sabha. It provides the constitutional framework for the representation of States and Union Territories in the Lower House of Parliament.

The Article also lays down the broad principles governing the allocation of seats in the Lok Sabha based on population.

Meaning of Article 81

Article 81 provides for the composition of the House of the People (Lok Sabha).

It deals primarily with:

  • Representation of States;
  • Representation of Union Territories;
  • Allocation of seats to States and Union Territories; and
  • The relationship between representation and population.

Unlike Rajya Sabha, whose members representing States are indirectly elected, members of the Lok Sabha are directly elected by the people from territorial constituencies.

Composition of Lok Sabha

Article 81(1) provides that the House of the People shall consist of:

Representatives of States

Not more than 530 members chosen by direct election from territorial constituencies in the States.

Representatives of Union Territories

Not more than 20 members representing Union Territories, chosen in the manner provided by Parliament by law.

Therefore, the constitutional maximum under Article 81 is:

530 State representatives + 20 Union Territory representatives = 550 members

This does not necessarily represent the actual present strength of the Lok Sabha.

Direct Election

One of the most important features of Article 81 is that representatives of the States are chosen by direct election from territorial constituencies.

This means that eligible voters directly elect their representatives to the Lok Sabha.

This distinguishes Lok Sabha elections from the election of State representatives to Rajya Sabha.

Lok Sabha

People → Directly elect → Lok Sabha members

Rajya Sabha

Elected State MLAs → Elect → State representatives to Rajya Sabha

Territorial Constituencies

Article 81 refers to territorial constituencies.

A State is divided into different parliamentary constituencies, and each constituency generally elects a representative to the Lok Sabha.

The delimitation of these constituencies is governed by constitutional provisions and laws relating to delimitation.

Representation of States

Article 81 provides for a maximum of 530 representatives from the States.

The allocation of seats among States is broadly connected with population.

The Constitution seeks to ensure that, as far as practicable, the ratio between the population of each State and the number of seats allotted to it is broadly maintained.

Population and Representation

Article 81(2) establishes principles relating to the distribution of seats.

The Constitution aims to maintain, as far as practicable, a consistent relationship between:

Population of a State → Number of Lok Sabha seats allotted to that State

Similarly, the population represented by each territorial constituency within a State should be broadly equal.

This reflects the democratic principle of equal representation based on population.

Constitutional Law Notes

Representation of Union Territories

Article 81 also provides for representation of Union Territories.

Not more than 20 members may represent Union Territories.

Unlike the constitutional framework for State representation, the manner of choosing representatives from Union Territories is determined by Parliament by law.

Article 81 and Delimitation

The allocation of seats and territorial constituencies is connected with the process of delimitation.

Delimitation involves determining or readjusting the boundaries of territorial constituencies.

The Constitution contains special provisions dealing with the readjustment of seats and constituencies, particularly under Article 82.

Article 81 and Population Census

Population figures play an important role in determining representation.

However, the Constitution has imposed specific limitations on the readjustment of seats and constituencies through various constitutional amendments.

These provisions have been designed to balance the principle of population-based representation with broader constitutional and policy considerations.

Constitutional Maximum vs Actual Strength

The expression “not more than” in Article 81 is important.

Article 81 establishes constitutional maximum limits, but the actual number of Lok Sabha members is determined under the applicable constitutional and statutory framework.

The current Lok Sabha has 543 elected seats.

Therefore, the constitutional maximum under Article 81 should not be confused with the actual elected strength of the House.

Anglo-Indian Nomination and Article 81

Historically, Article 331 allowed the President to nominate up to two members of the Anglo-Indian community to the Lok Sabha if the President was of the opinion that the community was not adequately represented.

However, this provision ceased to operate following the 104th Constitutional Amendment Act, 2019, which ended the special representation through nomination of Anglo-Indian members in the Lok Sabha.

Therefore, the current constitutional framework does not include nominated Anglo-Indian members in the Lok Sabha.

Article 81 and Article 79

These Articles should be studied together.

Article 79 → Constitution of Parliament

Article 81 → Composition of Lok Sabha

Article 79 establishes Parliament as consisting of the President, Rajya Sabha and Lok Sabha, while Article 81 deals specifically with the composition of the House of the People.

Article 81 and Article 80

The distinction between the two Houses is important:

Article 80Article 81
Rajya SabhaLok Sabha
Council of StatesHouse of the People
Upper HouseLower House
State representatives indirectly electedState representatives directly elected
Up to 12 nominated membersNo nominated members under the current framework

Article 81 and Article 82

Article 82 deals with readjustment after each census.

After each census, Parliament may provide by law for readjustment of:

  • Allocation of seats in the Lok Sabha among States; and
  • Division of States into territorial constituencies.

However, constitutional amendments have placed limitations on when such readjustments can take effect.

Thus:

Article 81 → Composition and representation

Article 82 → Readjustment after each census

Article 81 and Article 83

Article 83 deals with the duration of the Houses of Parliament.

Article 81 determines the composition of Lok Sabha, while Article 83 deals with how long the House continues.

Article 81 and Article 84

Article 84 deals with qualifications for membership of Parliament.

Therefore:

  • Article 81 → Composition of Lok Sabha
  • Article 84 → Qualifications for becoming an MP

Article 81 and Universal Adult Suffrage

The direct election of Lok Sabha members operates within India’s system of adult suffrage.

The voting age was reduced from 21 to 18 years by the 61st Constitutional Amendment Act, 1988.

The constitutional basis for elections to the Lok Sabha is connected with Article 326, which provides for elections based on adult suffrage.

Importance of Article 81

1. Establishes Lok Sabha Representation

It provides the constitutional framework for the composition of the House of the People.

2. Provides Direct Representation

Members representing States are directly elected from territorial constituencies.

3. Connects Representation With Population

The Article establishes principles concerning population and seat allocation.

4. Provides Union Territory Representation

It allows representation of Union Territories in the Lok Sabha.

5. Supports Democratic Representation

The provision forms an important constitutional basis for representation of the people in the Union Legislature.

Article 81 at a Glance

PointConstitutional Position
ArticleArticle 81
SubjectComposition of House of the People
HouseLok Sabha
State representativesNot more than 530
Union Territory representativesNot more than 20
Constitutional maximum550
Election of State representativesDirect election
BasisTerritorial constituencies
Representation principlePopulation-based representation
DelimitationConnected with Article 82
Current elected strength543

Common Confusions

What Does Article 81 Deal With?

It deals with the composition of the House of the People (Lok Sabha).

How Are Lok Sabha Members Elected?

Members representing States are elected directly by the people from territorial constituencies.

What Is the Constitutional Maximum Strength of Lok Sabha Under Article 81?

The Article provides for not more than:

  • 530 representatives from States, and
  • 20 representatives from Union Territories.

Thus, the constitutional maximum is 550.

Does Article 81 Provide for Nominated Members?

Under the current constitutional framework, no nominated Anglo-Indian seats remain. The former provision under Article 331 ceased to operate following the 104th Constitutional Amendment.

Is Every State Given the Same Number of Lok Sabha Seats?

No.

Representation is broadly based on population, subject to constitutional provisions governing allocation and readjustment.

Is Lok Sabha Directly Elected?

Yes.

The representatives of States are chosen by direct election from territorial constituencies.

Quick Revision

  • Article 81 → Composition of House of the People (Lok Sabha).
  • Not more than 530 members represent the States.
  • Not more than 20 members represent Union Territories.
  • Constitutional maximum = 550.
  • State representatives are chosen by direct election.
  • Elections take place from territorial constituencies.
  • Representation is broadly connected with population.
  • Article 80 → Composition of Rajya Sabha.
  • Article 82 → Readjustment after each census.
  • Article 83 → Duration of Houses of Parliament.
  • Article 84 → Qualifications for membership of Parliament.
  • Current Lok Sabha elected strength is 543.
  • The former Anglo-Indian nomination provision ceased to operate following the 104th Constitutional Amendment Act, 2019.

Conclusion

Article 81 provides the constitutional framework for the composition of the Lok Sabha, India’s directly elected House of Parliament. It provides for representation from States and Union Territories and establishes principles connecting parliamentary representation with population.

The Article is particularly important for understanding direct elections, territorial constituencies, population-based representation and the constitutional structure of the Lok Sabha.

The key point to remember is:

Article 81 → Lok Sabha consists of directly elected representatives from territorial constituencies in the States, along with representatives of Union Territories, subject to the constitutional limits and framework.

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