Article 82 and Article 83 of the Constitution of India
Articles 82 and 83 form part of the constitutional framework governing Parliament. Article 82 deals with readjustment of Lok Sabha seats and territorial constituencies after a census, while Article 83 deals with the duration of the Rajya Sabha and Lok Sabha.
Article 82 - Readjustment after each census
Article 82 provides the constitutional basis for readjusting the allocation of seats in the House of the People (Lok Sabha) among the States and for readjusting the division of each State into territorial constituencies after completion of a census. The authority and procedure are to be determined by Parliament by law.
Core rule under Article 82
After completion of each census, the allocation of Lok Sabha seats to the States and the division of each State into territorial constituencies are to be readjusted by the authority and in the manner determined by Parliament by law.
The constitutional provisos regulate when such readjustment affects representation and elections and contain the special rule postponing specified readjustment until publication of the relevant figures of the first census taken after 2026.
What do readjustment and delimitation mean?
In this context, readjustment concerns the constitutional reworking of representation and territorial constituencies following census data, subject to the restrictions written into Article 82. Delimitation is the process of fixing or redrawing the territorial boundaries of parliamentary and assembly constituencies under the applicable constitutional and statutory framework.
The principal legislation for the 2002 delimitation exercise is the Delimitation Act, 2002. The Election Commission of India explains that Delimitation Commissions have been constituted under parliamentary legislation and that their delimitation orders have the force of law.
Current constitutional position on seat readjustment
The combined effect of the constitutional amendments is that the existing allocation of Lok Sabha seats among States, based on the constitutional framework tied to the 1971 census, is not to be altered until the relevant figures of the first census taken after 2026 have been published. The 2002 delimitation exercise redrew territorial constituencies using the 2001 census within the applicable constitutional restrictions.
This distinction is important: Article 82 contemplates periodic readjustment, but constitutional amendments have postponed the specified inter-State seat reallocation and related readjustment until the post-2026 census trigger is reached.
Article 83 - Duration of Houses of Parliament
Article 83(1): Rajya Sabha is a continuing House
The Council of States, commonly known as the Rajya Sabha, is not subject to dissolution. As nearly as possible, one-third of its members retire on expiry of every second year, in accordance with law made by Parliament.
Article 83(2): Normal term of the Lok Sabha
The House of the People, commonly known as the Lok Sabha, normally continues for five years from the date appointed for its first meeting, unless it is dissolved sooner. Expiry of that five-year period operates as dissolution of the House.
Extension during a Proclamation of Emergency
While a Proclamation of Emergency is in operation, Parliament may by law extend the Lok Sabha's term for a period not exceeding one year at a time. Such extension cannot continue beyond six months after the Proclamation has ceased to operate.
Official legal resources
For the authoritative constitutional text and amendment history, see the Legislative Department, Ministry of Law and Justice. For delimitation material and orders, see the Election Commission of India - Delimitation. The India Code portal provides access to central legislation, including the Delimitation Act, 2002.