Delimitation in J&K

Context: 

A Delimitation Commission was set up on March 6, 2020 for the delimitation of Assembly and Parliamentary Constituencies in Jammu and Kashmir and in Feb 2023, the honorable Supreme Court dismissed pleas challenging the recommendations of Jammu & Kashmir delimitation commission.

Image Source: Hindustan Times

Delimitation: 

• Redrawing of Boundaries: It is the exercise of redrawing boundaries of Lok Sabha or State Assembly Constituencies to represent changes in population over time. 
• Commission: The exercise is undertaken by a Delimitation Commission appointed for this purpose. 
• Constitutional Provision: 
  • Article 82 of the Constitution of India deals with the provision for Delimitation Commission in India.
  • Article 170 of the Constitution of India provides for the States to get divided into territorial constituencies as per the Delimitation Act after every Census.
• Set Up: The first Delimitation Commission was set up in 1952 after the first general elections were held in India.
  • Delimitation Commissions had been set up four times i.e., in 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.
  • There was no delimitation after the 1981 and 1991 Censuses.

Related Amendment Acts:

• The 42nd Constitutional Amendment Act, 1976: It had frozen the delimitation process until 2001. 
• The 84th Constitutional Amendment Act, 2002: This freeze was extended till the first census after 2026. 
  • In 2002, based on the 2001 Census, Delimitation Commission was set up to readjust the boundaries of existing Lok Sabha and Assembly seats and rework the number of reserved seats. 
  • Frozen Seats: There was no change in the number of seats. The number of seats were frozen as a measure to boost family planning norms and to enable the State Governments to pursue the agenda for population stabilization.

Appointment & Composition of Delimitation Commission: 

• The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India. 
• The Commission consists of a retired Supreme Court judge, the Chief Election Commissioner and the respective State Election Commissioners. 

Mandates of the Commission: 

• Maintain balance of Same Seats: Determine the number and boundaries of constituencies to make the population of all seats, as far as practicable, be the same throughout the State.
• Identification: Identify seats reserved for Scheduled Castes and Scheduled Tribes, wherever their population is relatively large. 
• Final Decision: The Constitution mandates that the orders of commission are final and cannot be questioned before any court. 
• No Modifications: When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modification in the orders.

Challenges with the Delimitation Process:

• States feel disadvantageous even taking positive steps: States with more population get more seats in the Parliament. Hence, the southern states that promoted family planning faced the possibility of having their seats reduced.
• Capping of Seats: The constitution has capped the number of Lok Shaba & Rajya Sabha seats to a maximum of 550 & 250 respectively and increasing populations are being represented by a single representative.
• Biasness: There is the possibility of drawing boundaries of constituencies in such a manner as to favor a particular party or a candidate.
• No Modifications: Delimitation was done in 2008 based on the 2001 census, although the overall number of seats in the Assemblies and Parliament set in 1971 was not modified.

Way Forward: 

• Preserving Current Seats: The Parliament could specify that no state will lose its current number of seats. This would prevent any regions from feeling like they’ve been “downgraded” or lost representation.
• Flexibility in Delimitation: There can be specific arrangements to give representation to particular areas, including areas that might be underrepresented otherwise which will require political negotiations and decisions by the Parliament.
• Recognising Demographic Divergence: The Parliament needs to recognize the regional variations in population growth and migration patterns. This could influence how the seats are allocated after delimitation.
• Establishing a Normative Proportionality: Setting a normative proportionality based on population, and then allowing deviations depending on specific circumstances will result in setting a standard ratio of population to representatives, but allowing exceptions in certain cases. 
• Accommodating Marginal Voices: There is a need for an approach that does not only consider population size but also the characteristics of representation, such as the inclusion of voices from marginal communities like tribal people and the elderly. 
• Migration Impact: The concerns and interests of migrant populations should be considered in the delimitation process. 

News Source: The Hindu