Delimitation

Context: 

• The Nari Shakti Vandan Adhiniyam, also known as the Constitution (One Hundred and Twenty-Sixth Amendment) Bill, 2023, has been approved by Lok Sabha, proposing a 33% reservation for women in Lok Sabha and state Assemblies. 

More on News:

• The reservation provision is not immediate, contingent on two processes: a delimitation exercise and a Census. . 
• The 2021 Census will serve as the basis for this exercise, resulting in an increase and redefining of constituency boundaries. 
• In the increased constituencies, 33% will be reserved for women in the subsequent elections.

About Delimitation:

• Delimitation is the process by which the limits or boundaries of a country’s territorial constituencies are rejigged to reflect changes in population.
• The redrawing of these boundaries is based on the recent census.
• In India, the number of Lok Sabha seats allocated to different states, along with the total number of seats in a state’s Legislative Assembly, can change as a result of a delimitation exercise.
• The body tasked with carrying out the exercise is called Delimitation Commission or Boundary Commission.
• Such commissions have been constituted four times in India: 
  • 1952 under the Delimitation Commission Act, 1952, 
  • 1963 under Delimitation Commission Act, 1962, 
  • 1973 under Delimitation Act, 1972 and 
  • 2002 under Delimitation Act, 2002.
• There was no delimitation after the 1981, 1991 and 2001 Censuses.
• However, the 2002 Act did not make any changes in total Lok Sabha seats or their apportionment between various states. 
• The delimitation exercise is done for three main reasons:
  • To ensure a fair division of geographical areas.
  • To ensure equal population representation from every seat.
  • To ensure that the principle of “One Vote One Value” is maintained.

How is delimitation supposed to be carried out?

• Under Article 82 of the constitution, Parliament is to enact a Delimitation Act after every Census. Once the Act is in force, the Union government sets up the Delimitation Commission.
• The Commission is supposed to determine the number and boundaries of constituencies in a way that the population of all seats, so far as practicable, is the same. 
• The Commission is also tasked with identifying seats reserved for Scheduled Castes and Scheduled Tribes.
• Under Article 170, States also get divided into territorial constituencies as per Delimitation Act after every Census.

Reason for Infrequent Delimitation:

• Constitutional Ratio Principle: The Constitution aims for consistent Lok Sabha seats per population ratio across states, aiming for equitable representation.
• Fear of Disproportionate Representation: States that didn’t emphasize population control might gain more seats, creating fears of disproportionate representation.
• Amendments Postponing Delimitation: To allay these fears, the Constitution was amended in 1976 to suspend delimitation until 2001.
  • Another amendment postponed this until 2026, hoping that the country would achieve a uniform population growth rate by this time.

Issues with Delimitation:

• Population Control Discrepancy: States showing little interest in population control could gain a greater number of seats in Parliament.
  • Southern states, which emphasized family planning, faced the risk of seat reduction.
• Inconsistent Delimitation Based on Census: Delimitation in 2002-08 was based on the 2001 census, but the total number of seats was determined as per the 1971 Census.
  • The 87th Amendment Act of 2003 advocated delimitation based on the 2001 census, but this was not tied to altering seat allotments to each state in the Lok Sabha.
• Cap on Parliamentary Seats: The Constitution limits the number of Lok Sabha and Rajya Sabha seats to a maximum of 550 and 250, respectively.
  • Increasing populations are represented by a single representative, potentially causing underrepresentation and dilution of the democratic process.
• Economic Contribution vs. Representation:
  • With only 18% population, the southern States have been contributing 35% to the country’s GDP, may not be adequately represented in the political sphere due to the proposed delimitation.
• North-South Representation Disparity: Projections indicate that northern states might gain seats while southern states could lose, raising concerns about regional imbalances in representation.
  • For Example: Based on the previous census data and population projection, after the 2026 delimitation, Bihar and Uttar Pradesh will have a total of 222 MPs, while four South Indian states will have a combined representation of 165 in the Lok Sabha.

Way Forward:

• Alternatives Proposed:Population Freeze until Stabilization: Suggests a freeze on delimitation until all states achieve population stabilization, without a defined time frame.
  • Mathematical Model Development: Devise a mathematical model along the lines of the ‘Cambridge Compromise’ based on a mathematically equitable “formula” for the apportionment of the seats of the European Parliament between the member-states.
• Ensuring Representation without Penalties: Emphasizes that states successfully stabilizing their population, particularly in the south, should not face representation penalties but continue enriching legislative and parliamentary processes.
• Focus on Population Control: Advocates the necessity to limit population growth without compromising equitable representation.
• Addressing Diverse Characteristics: Move beyond headcount-based representation and consider diverse characteristics, ensuring the inclusion of marginalized voices like tribal communities and the elderly.   
• Increase no of Parliament Seats: Each Lok Sabha seat in India represents a massive population of nearly 1.6 million Indians, highlighting a significant disparity in representation compared to other countries. 
  • A seat in the UK Parliament accounts for 44,000 members of the general populace. 
  • Meanwhile, a seat in Indonesia and Brazil account for 366,000 and 341,000 citizens each.

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