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A Modi govt constitutional amendment Bill falls for the 1st time in 12 yrs. How it happened

April 17, 2026 4 min read Polity & Governance GS Paper 2 (Parliament and Constitutional Bodies)
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What Happened

  • The Constitution (131st Amendment) Bill, 2026, which sought to expand the Lok Sabha to 850 seats and enable delimitation based on the 2011 Census, was defeated in the Lok Sabha on April 17, 2026.
  • The final division recorded 298 ayes, 230 noes, and zero abstentions — with 528 members present and voting; the required two-thirds threshold was 352 votes.
  • This marks the first defeat of a constitutional amendment bill moved by the NDA government since it came to power in 2014 — breaking a 12-year streak of successful constitutional amendments.
  • The opposition, led by the Congress and including TMC, SP, DMK, AAP and other INDIA bloc parties, voted as a bloc against the bill; NDA parties voted in favour.
  • Parliamentary Affairs Minister Kiren Rijiju subsequently announced withdrawal of the linked Delimitation Bill, 2026 and the Union Territories Laws (Amendment) Bill, 2026.

Static Topic Bridges

Special Majority Under Article 368: What Two-Thirds Really Means

Article 368 of the Constitution requires that a constitutional amendment bill be passed by a special majority: a majority of the total membership of the House (absolute majority, i.e., more than half of 543 = at least 272) AND a majority of not less than two-thirds of the members present and voting. Both thresholds must be met simultaneously. The two-thirds test is dynamic — it is calculated on the basis of members actually present and voting on the day, not the total sanctioned strength.

  • In this vote: 528 present and voting; two-thirds = 352 votes required
  • Government secured: 298 votes — fell short by 54
  • The absolute majority threshold (272) was cleared; only the two-thirds threshold failed
  • Bills that alter federal provisions (Articles 54, 55, 73, 162, etc.) additionally need ratification by half the State Legislatures under Article 368(2)

Connection to this news: The margin of defeat illustrates how two-thirds majorities create a structural check — even a government with a comfortable simple majority (NDA had ~293 seats) can fail a constitutional amendment if it cannot win over sufficient opposition members.

Historical Record: Constitutional Amendments in India

Since independence, Parliament has amended the Constitution over 100 times. The amendment process has broadly been used for: expanding fundamental rights (1st Amendment), implementing emergency provisions (42nd Amendment), restoring the original Constitution after the Emergency (44th Amendment), GST (101st Amendment), and women's reservation (106th Amendment). Among these, bills seeking two-thirds majorities have occasionally failed in the Rajya Sabha — but defeat in the Lok Sabha, where the ruling party typically commands a stronger majority, is historically rare.

  • Total constitutional amendments enacted as of 2025: 106 (the 106th Amendment, 2023 is the most recent enacted)
  • The 131st Amendment Bill, 2026 would have been the 107th amendment had it passed
  • Previous NDA-era amendments passed include: 99th (NJAC, 2014 — later struck down), 100th (land boundary agreement with Bangladesh, 2015), 101st (GST, 2016), 102nd (OBC commission, 2018), 103rd (EWS reservation, 2019), 104th (SC/ST reservation extension, 2020), 105th (OBC state list powers, 2021), 106th (women's reservation, 2023)
  • The NJAC (99th Amendment) was passed but struck down by the Supreme Court in 2015 in Supreme Court Advocates-on-Record Association v. Union of India

Connection to this news: The 131st Amendment's defeat is historically significant — it is the first time since 2014 that the government's own constitutional amendment bill was voted down in the Lok Sabha itself.

Parliament's Special Session: Procedure and Precedent

A special session of Parliament is convened under Article 85(1) of the Constitution, which empowers the President to summon Parliament to meet at such time and place as he thinks fit. Unlike the Budget Session or Monsoon Session, a special session has no fixed agenda beyond what the government introduces. The government used a special session in September 2023 (for the Nari Shakti Vandan Adhiniyam) and again in April 2026 for the delimitation package.

  • Article 85(1): President summons Parliament; Article 85(2): President can prorogue/dissolve the Lok Sabha
  • Special sessions have been used for major legislative business: Goods and Services Tax (2017), Name change of Parliament precinct (2023), Women's Reservation Bill (2023)
  • No constitutional provision mandates a minimum number of sessions — convention requires at least three sessions per year

Connection to this news: The government chose a special session — rather than waiting for the Budget or Monsoon session — to push through the delimitation-linked bills, underscoring the political urgency. The defeat in a specially convened session made the setback more visible.

Key Facts & Data

  • Vote count: 298 ayes, 230 noes, 0 abstentions; 528 present and voting
  • Threshold required: 352 votes (two-thirds of 528)
  • Shortfall: 54 votes
  • NDA's approximate Lok Sabha strength as of 2026: ~293 seats; needed significant opposition support
  • First constitutional amendment bill defeat in the Lok Sabha for the NDA government since 2014
  • The bill was one of three: Constitution (131st Amendment) Bill, Delimitation Bill, and UT Laws Amendment Bill — all three are now effectively shelved
  • 106th Amendment (Nari Shakti Vandan Adhiniyam) was notified into force on April 16, 2026 — one day before the vote
  • The 131st Amendment proposed maximum Lok Sabha strength: 850 seats (815 from states + 35 from UTs), up from current 543