Introduction: Constitutional Amendment Bill on State Assembly Sizes

In 2024, the Union Government introduced the Constitution (Amendment) Bill, 2024, proposing modifications to Article 170 of the Constitution of India, 1950, which governs the composition of State Legislative Assemblies. The Bill seeks to revise the maximum and minimum number of members in State Assemblies to enhance governance efficiency and recalibrate representation. The move is significant as it directly impacts federal structures, democratic representation, and administrative costs across states.

The Bill also interacts with provisions of the Representation of the People Act, 1951, particularly Sections 14 and 15, which regulate delimitation and seat allocation. The proposal arrives amid the delimitation freeze imposed by the 84th Amendment Act, 2001, effective until 2026, adding complexity to implementation.

Legal and Constitutional Framework Governing Assembly Size

Article 170(1) caps the maximum size of State Assemblies at 500 members, with a minimum of 60 for larger states, and smaller states having fewer seats. The Amendment Bill proposes flexibility in these limits to better align assembly sizes with demographic realities and governance needs.

The Representation of the People Act, 1951 Sections 14 and 15 empower the Delimitation Commission to redraw assembly constituencies and allocate seats based on population data. However, the delimitation exercise has been frozen until 2026, limiting immediate changes.

Judicial precedents such as Kihoto Hollohan v. Zachillhu (1992) affirm Parliament's authority to amend constitutional provisions related to assemblies, but also emphasize the need for preserving democratic principles. The 42nd Amendment (1976) expanded Parliament’s powers in constitutional amendments, setting a precedent for such reforms.

Economic Implications of Assembly Size Changes

The size of State Assemblies directly affects administrative expenditure. According to PRS Legislative Research (2023), the average annual salary and allowances per MLA approximate ₹1.2 crore. A 10% reduction in assembly size could cumulatively save Indian states over ₹500 crore annually, funds that could be redirected to development schemes.

Conversely, larger assemblies may improve local representation, potentially leading to more targeted and efficient welfare spending. The Economic Survey 2024 reports ₹35 lakh crore spent on welfare schemes in FY 2023-24, where better local representation could optimize allocation.

Key Institutions Involved

• Election Commission of India (ECI): Oversees election conduct and ensures compliance with constitutional provisions.
• Delimitation Commission of India: Responsible for redrawing assembly constituencies and seat allocation based on census data.
• Ministry of Law and Justice: Drafts and vets constitutional amendment bills.
• State Legislative Assemblies: Directly affected by changes in size, impacting legislative functioning and representation.

Data on Current Assembly Sizes and Representation Disparities

Comparative Analysis: India vs Germany’s Bundestag

Germany’s Bundestag employs a mixed-member proportional representation system with a flexible size that adjusts annually through overhang and leveling seats. This mechanism balances direct constituency representation with proportional party lists, ensuring equitable voter representation and legislative efficiency.

Critical Gaps in the Amendment Bill

• The Bill does not provide a clear mechanism to address the wide disparity in population-to-MLA ratios across states, currently at 2.7, risking overrepresentation of smaller states and underrepresentation of populous ones.
• Without simultaneous delimitation reforms, changes in assembly size risk exacerbating federal imbalances and undermining the principle of “one person, one vote.”
• The freeze on delimitation until 2026 limits the immediate feasibility of size changes aligned with demographic realities.
• The Bill lacks clarity on administrative feasibility and the impact on legislative efficiency, especially in larger states.

Significance and Way Forward

• Revising assembly sizes could reduce administrative costs substantially, freeing resources for development.
• To maintain democratic equity, size changes must be accompanied by delimitation reforms post-2026, ensuring proportional representation aligned with population.
• Incorporating flexible representation mechanisms, inspired by models like Germany’s Bundestag, could balance local representation and governance efficiency.
• Institutional coordination among the Election Commission, Delimitation Commission, and State Assemblies is essential for smooth implementation.
• Legal safeguards should protect the federal balance and prevent dilution of representation rights.

Mains Question

Critically analyse the implications of the proposed Constitution Amendment Bill on the size of State Legislative Assemblies for federalism and democratic representation in India. (250 words)