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131st Constitutional Amendment Bill Defeated in Lok Sabha (298-230): Modi Govt’s First Major Loss | CLAT 2027

Lok Sabha 131st Amendment vote | Source: LiveLaw

CURRENT AFFAIRS | 18 APRIL 2026

CLAT GK + CONSTITUTIONAL LAW & RELEVANT AREA

In a development that has altered the legislative record of the Modi government, the Constitution (131st Amendment) Bill, 2026 was defeated in the Lok Sabha on 17 April 2026 by 298 votes in favour to 230 against. With 528 MPs present, the ruling side fell short of the two-thirds of members present and voting required under the proviso to Article 368(2) — by a margin of 54 votes. This is the first defeat of a Constitutional Amendment Bill since the 115th CAA (GST) stalled in 2012, and the first major legislative loss for the Modi government since 2014.

The Bill proposed to raise Lok Sabha strength from 543 to 850 seats using 2011 Census figures and to operationalise women’s reservation jointly with delimitation. In an extraordinary twist, the government separately notified the Nari Shakti Vandan Adhiniyam (106th CAA, 2023) mid-debate — bringing Articles 330A and 332A into force from 16 April 2026 — in a bid to delink women’s quota from delimitation. The opposition — led by Congress, DMK, TMC and SP — still voted the Bill down, citing its impact on southern representation and concerns over federalism.

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Constitutional & Legal Framework

Article 368 — Procedure for Amendment: Constitution Amendment Bills require a special majority — two-thirds of members present and voting AND majority of total membership. Bills altering federal provisions (Art 54, 55, 73, 162, 241, Seventh Schedule, representation of states, or Art 368 itself) additionally require ratification by at least half the State Legislatures under the proviso to Art 368(2).

Articles 330A and 332A (inserted by 106th CAA 2023): Reserve one-third of Lok Sabha and State Assembly seats for women, including within SC/ST seats. Commencement was originally linked to delimitation under Art 334A — the mid-debate notification on 16 April 2026 operationalises the quota independently.

Articles 81, 82, 170: Art 81 caps Lok Sabha strength at 550; Art 82 mandates readjustment after each Census; Art 170 governs state assembly composition. The 84th CAA (2001) froze state-wise allocation till “the first census taken after 2026”; the 87th CAA (2003) shifted the reference census for intra-state delimitation to 2001.

Landmark cases: Kesavananda Bharati v State of Kerala (1973) — basic structure doctrine limits Parliament’s amending power. Minerva Mills v UoI (1980) — Art 368 cannot enlarge itself to grant unlimited amending power. Kihoto Hollohan v Zachillhu (1992) — tenth schedule procedure subject to limited judicial review. Rule 367 of Lok Sabha Procedure governs division voting.

CLAT Angle — Why This Matters

This is a live case study in Article 368 procedure — CLAT regularly tests the distinction between simple majority, special majority and special-majority-plus-ratification. The 131st CAA fell short on the second limb; had the Bill passed the House it would still have needed state ratification because it affected representation of states in Parliament. Expect passage-based questions combining Art 368 proviso, basic structure (Kesavananda, Minerva Mills) and the interplay between Arts 81/82/170/330A/332A. The Nari Shakti Vandan Adhiniyam’s delinked notification raises subtle questions on commencement of a CAA via Art 334A and executive notification under Sec 1(2)-style clauses.

Key Facts at a Glance

Parameter Detail
Bill Constitution (131st Amendment) Bill, 2026
Vote 298 for : 230 against (528 present; needed 352)
Required majority Art 368 — 2/3 of present-and-voting + majority of total membership
Proposed LS strength 543 → 850 (815 states + 35 UTs)
Census base 2011 Census (intra-state); inter-state share frozen till “first census after 2026”
Nari Shakti Vandan Act 106th CAA 2023; Arts 330A/332A notified 16 April 2026
Last CAA defeat 115th CAA (GST), 2012
Key articles Art 368, 330A, 332A, 81, 82, 170, 334A

Mnemonic — “PROUD KM”

To remember the pillars of Article 368 + basic structure test:

Proviso ratification (half the states) · Ratio 2/3 present+voting · Ordinary bill route barred · Unlimited amending power rejected · Delegation of amending power disallowed · Kesavananda basic structure · Minerva Mills limits.

The Opposition’s Case — and the Federalism Hook

Southern states (5 + Puducherry) currently hold 129/543 Lok Sabha seats — roughly 23.76%. Under a pure-population redelimitation based on 2011 (or later) figures, that share could fall below 19%. The opposition pitched the vote as a defence of cooperative federalism — echoing S.R. Bommai v UoI (1994), where a nine-judge bench held federalism, secularism and democracy to be part of the basic structure. R.C. Poudyal v UoI (1993) offers a doctrinal path: the Supreme Court accepted that reasonable deviations from strict numerical equality can be constitutional if aimed at protecting minority political rights.

What Happens Next

The Nari Shakti Vandan Adhiniyam stands notified — but its 1/3 women’s quota under Arts 330A/332A will operationalise only at the next delimitation exercise, which remains legislatively stuck. The government may reintroduce a narrower CAA without the seat-expansion clause, or let Art 334A’s delimitation trigger kick in after the ongoing 2026-27 Census. Either way, a future CAA on delimitation will squarely test Art 368 proviso and may reach the Supreme Court on basic-structure grounds.

Sources: LiveLaw, The Tribune, The Wire, Daily Pioneer (April 2026).

Practice Quiz — 10 CLAT-Style Questions

Click an option to reveal the answer and explanation.

Quick answers

Under Article 368, what majority is required to pass a Constitutional Amendment Bill affecting federal provisions?
Special majority plus ratification by half the states. Article 368(2) proviso requires ratification by at least half the state legislatures when amendments affect federal provisions (like Art 54, 55, 73, 162, 241 or Seventh Schedule).
The 106th Constitutional Amendment Act 2023 (Nari Shakti Vandan Adhiniyam) inserted which articles reserving seats for women?
Art 330A and 332A. The 106th CAA 2023 inserted Art 330A (1/3 seats in Lok Sabha for women) and Art 332A (1/3 in state assemblies), with Art 334A linking commencement to delimitation.
In Kesavananda Bharati v State of Kerala (1973), what was the primary doctrine laid down?
Basic structure doctrine. The 13-judge bench held that Parliament's amending power under Art 368 cannot alter the 'basic structure' of the Constitution.
Which article empowers Parliament to readjust Lok Sabha seats after each Census?
Article 82. Article 82 mandates delimitation (readjustment of territorial constituencies) after each Census through a Delimitation Act.
The 84th Constitutional Amendment (2001) did what regarding Lok Sabha seat allocation?
Froze state-wise allocation till the first census after 2026. The 84th CAA 2001 extended the freeze on state-wise Lok Sabha seat allocation (based on 1971 Census) until the first census taken after 2026.
In Kihoto Hollohan v Zachillhu (1992), the Supreme Court held that the Speaker's decision under the Tenth Schedule is:
Subject to judicial review on limited grounds. The Court held that although the Speaker acts as a tribunal under the Tenth Schedule, the decision is subject to judicial review on grounds of mala fide, perversity, or constitutional violation.
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