The Constitution mandates delimitation after every Census, yet Parliament’s seat allocation has remained unchanged since 1976 due to southern states’ opposition.
About Delimitation
- Definition: Delimitation is a Constitutional mandate, to be carried out after every Census in order to readjust the number of seats in Parliament, and the boundaries of constituencies, based on latest population data.
Amendments related to Delimitation
- 31st Amendment Act,1973: States with populations under six million were excluded from the population-based delimitation exercise.
- 42nd Amendment: Enacted during the Emergency, it froze the total number of Parliamentary and state Assembly seats until the 2001 Census.
- Purpose: This measure ensured that states with higher population growth could implement family planning measures without losing representation in Parliament.
- 84th Amendment Act (2001): Empowered the government to readjust and rationalize territorial constituencies based on population figures from the 1991 Census.
- 87th Amendment Act (2003): provided for the delimitation of constituencies on the basis of 2001 census and not 1991 census.
- However, this can be done without altering the number of seats allotted to each state in the Lok Sabha.
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- Constitutional Provisions:
- Article 82: Mandates that Parliament enacts a Delimitation Act after every Census.
- Article 170: Requires that each state be divided into territorial constituencies for electing members to its Legislative Assembly.
- These divisions must be made in accordance with the provisions laid out in the Delimitation Act.
- Previous Delimitation: Delimitation Commissions have been set up four times: 1952, 1963, 1973 and 2002.
Delimitation Commission
- About: The Delimitation Commission is a high-power constitutional body
- tasked with redrawing the boundaries of electoral constituencies and
- allocating reserved seats for Scheduled Castes and Scheduled Tribes.
- Members Include:
- A retired Supreme Court judge.
- The Chief Election Commissioner.
- Respective State Election Commissioners.
- Powers:
- Decision Making: In cases of differing opinions among members, the majority opinion prevails.
- Legal Authority: Its orders carry the force of law and are not subject to judicial review.
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- Legislative Framework: The Delimitation Commission Act was enacted in 1952.
- Commission Appointment: The Delimitation Commission is appointed by the President of India in collaboration with the Election Commission of India (ECI).
- Need for Delimitation: Population distribution changes due to migration, growth, and demographic shifts.
- Delimitation reflects these changes to maintain equity in representation.
- Current Status: The number of seats in Parliament and state assemblies has remained unchanged since 1976, despite population growth disparities between regions.
Kishorchandra Chhaganlal Rathod Case, 2024
- Power of Judicial Review: The Supreme Court affirmed its authority to review Delimitation Commission orders if they are manifestly arbitrary or violate constitutional principles.
- Limited Scope of Review: While judicial review in delimitation cases is generally restricted, the Court clarified that it is not an absolute bar.
- Grounds for Intervention: The Court can intervene when a delimitation order clearly conflicts with constitutional values and fundamental principles.
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2001 Delimitation: Boundary Changes and Southern Opposition
- Boundary Alteration: In 2001, constituency boundaries were redrawn.
- Seat Allocation Unchanged: Despite the boundary changes, the number of seats for each state in the Lok Sabha and state assemblies remained the same.
- Reason: The decision to maintain the existing number of seats was largely due to opposition from southern states.
Reasons for the Apprehension of the Southern States Regarding Delimitation
- Slower Population Growth: Southern states like Tamil Nadu, Kerala, Karnataka, and Andhra Pradesh have achieved significant success in population control, resulting in slower growth compared to northern states like Uttar Pradesh and Bihar.
- Example: Andhra Pradesh, Tamil Nadu, and Kerala have achieved or are near replacement-level fertility (2.1 children per woman).
- Andhra Pradesh did so in 2004, and Kerala in 1988.
- Fear of Reduced Representation: If delimitation is based on the latest population data, southern states could lose seats in Parliament, diminishing their political influence.
- Reallocation of Reserved Seats: The delimitation exercise may alter the number of seats reserved for Scheduled Castes and Scheduled Tribes in each state.
- Economic Disparities: Southern states contribute to over 30% of India’s GDP and tax revenues but fear that reduced political representation could lead to neglect in resource allocation and policy focus.
- State tax revenue reflects a state’s revenue-generation capacity. In FY22, Tamil Nadu led with Rs 1,26,644 crore, followed by Karnataka (Rs 1,11,494 crore), Telangana (Rs 92,910 crore), Andhra Pradesh (Rs 85,265 crore), and Kerala (Rs 71,833 crore).
- Regional Imbalance: Southern states argue that delimitation based solely on population would disproportionately benefit northern states, skewing political power.
- Impact on Regional Parties: Southern regional parties fear that delimitation would weaken their influence in national politics, as northern states would dominate Parliament.
- At present the number of seats in Lok Sabha from southern states is 129, about 24% of 543, the total number of seats.
- Advantage to National Parties: Political Parties which have a strong base in the Hindi heartland, could gain significantly from increased representation in northern states.
- Broader Concerns
- Aging Population: Southern states face the challenge of an aging population, which could further reduce their political representation over time.
- Federalism and Equity: Critics argue that delimitation based solely on population undermines the principles of federalism and equitable representation, as it ignores the contributions of economically advanced states.
- Inadequate Funding:
- Census Base Change: The 15th Finance Commission’s recommendations, based on the 2011 Census, have raised concerns.
- Financial Implications: Southern states fear that switching from the 1971 to the more recent Census data may result in reduced funding and diminished parliamentary representation.
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Southern States’ Responses
- Opposition to Population-Based Delimitation: Leaders of Tamil Nadu and Andhra Pradesh have voiced concerns about losing representation and political clout.
- Calls for Alternative Criteria: Southern states advocate for delimitation based on a combination of population, economic contribution, and development indicators, rather than just population.
- Incentivizing Population Growth: Some states, like Andhra Pradesh, have even considered policies to encourage higher birth rates to maintain their political representation.
Drawbacks of a Population-Only Approach to Political Representation
- Neglects Socio-Economic Realities: Focusing only on population ignores the diverse socio-economic contexts across regions.
- Penalizes Effective Family Planning: States that have successfully controlled population growth risk underrepresentation.
- Undermines Development: Regions with significant developmental progress may not receive proportional political influence.
- Potential for Underrepresentation: The “one person, one vote” principle may disadvantage areas with slower population growth.
- Need for Holistic Criteria: Incorporating factors like education, economic growth, and regional challenges can lead to a fairer representation system.
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Way Forward
- Balanced Approach: Delimitation could consider factors like economic contribution, tax revenues, and human development indices alongside population.
- Capping Seat Increases: Limiting the maximum number of seats any state can gain could prevent extreme imbalances.
- Recognise and Reward Initiatives of Family Planning: States that have successfully implemented family planning programs should be acknowledged and rewarded.
- Strengthening Federalism: Ensuring that southern states retain a significant voice in national decision-making, regardless of population size.
Conclusion
Delimitation affects India’s federal structure and regional equity. Therefore, a balanced approach is needed for fair representation and unity.
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