DMK Rajya Sabha MP and Senior Advocate P. Wilson introduced the Constitution (Amendment) Bill, 2026, proposing sweeping reforms in the areas of reservation policy, judicial appointments, representation in higher judiciary, retirement age of High Court judges, and the structural reorganization of the Supreme Court of India.

The changes proposed significantly impact Articles 15, 16, 124, 130, 217, 224 and the Seventh Schedule of the Constitution.

Reservation Linked to Caste Census Data

One of the most notable features of the amendment is the linking of reservation policies to caste census data.

Amendment to Article 15

Article 15(4) has been substituted to allow the State to make special provisions for socially and educationally backward classes proportionate to their population as reflected in the caste census. The provision also continues to protect affirmative measures for Scheduled Castes (SCs) and Scheduled Tribes (STs).

This change explicitly introduces population-based proportionality derived from caste census figures into constitutional language.

Amendment to Article 16

Article 16 has been amended to replace clauses (4) and (4A):

• Reservation in public employment for backward classes must now be proportionate to their population in the caste census.
• Reservation in promotion with consequential seniority has been extended not only to SCs and STs but also to Other Backward Classes (OBCs), subject to inadequate representation.

The amendment strengthens the constitutional foundation for proportional representation in public services.

Overhaul of Supreme Court Appointments

The amendment introduces transformative changes to Article 124 governing the appointment of Supreme Court judges.

Proportional Representation in Supreme Court

New clauses mandate that appointments to the Supreme Court shall ensure due representation for:

• Scheduled Castes
• Scheduled Tribes
• Other Backward Classes
• Religious minorities
• Women

Representation must be proportionate to their population in the country. However, this requirement will not apply to categories already represented in proportion to their population.

Defined Timelines for Appointments

The Central Government is now required to:

• Either notify or return a collegium recommendation within 60 days.
• If the collegium reiterates the recommendation, notify the appointment within 30 days.

The amendment also formally defines the “collegium of the Supreme Court” as comprising the five senior-most judges including the Chief Justice of India.

Additionally, consultation with the concerned State Government has been made mandatory when a High Court Chief Justice or Judge is considered for elevation to the Supreme Court.

Supreme Court to Have Regional Benches

In a historic restructuring, Article 130 has been substituted to establish a dual structure for the Supreme Court:

Constitution Bench at New Delhi

• Will hear only cases of constitutional importance.
• The Chief Justice of India (CJI) will exclusively determine which cases qualify as constitutional matters.

Four Permanent Regional Benches

Four regional benches will be set up:

• Northern Bench – New Delhi
• Southern Bench – Chennai
• Eastern Bench – Kolkata
• Western Bench – Mumbai

These benches will exercise full jurisdiction of the Supreme Court except for constitutional matters reserved for the Constitution Bench.

Each regional bench must have at least six judges, nominated by the Chief Justice of India. Preference is to be given to judges whose parent High Court or place of practice falls within the bench’s territorial jurisdiction.

The CJI retains authority to transfer cases between benches in the interest of justice.

This restructuring is expected to improve access to justice and reduce litigation costs for citizens across different regions.

High Court Reforms: Representation and Retirement Age

The amendment introduces significant changes to Article 217 and Article 224.

Retirement Age Increased

The retirement age of High Court judges has been increased from 62 years to 65 years, aligning it with the retirement age of Supreme Court judges.

Representation in High Courts

Appointments to High Courts must now ensure proportional representation for:

• SCs
• STs
• OBCs
• Religious minorities
• Women

Representation is to be proportionate to their population within the State.

The amendment also mandates:

• Consultation with State Governments in all High Court appointments.
• A structured Memorandum of Procedure (MoP) framed by the Central Government in consultation with States, Union Territories, the CJI, and Chief Justices of all High Courts.
• A 60-day timeline for the Centre to notify or return recommendations.
• Mandatory notification within 30 days if the collegium reiterates its recommendation.

Similar representation provisions have been extended to Additional Judges under Article 224.

Census Shifted to Concurrent List

The amendment makes an important change to the Seventh Schedule:

• Entry 69 in the Union List (Census) has been omitted.
• “Census” has been inserted as Entry 48 in the Concurrent List.

This allows both Parliament and State Legislatures to legislate on census-related matters, potentially enabling States to conduct caste-based or other demographic surveys within a clearer constitutional framework.

As the Act awaits notification for enforcement, legal experts anticipate significant constitutional discussions and possible judicial scrutiny regarding its implementation and impact.

Read More: Excess Reversal of CENVAT Credit on Inter-Unit Transfers Not Illegal: CESTAT