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.
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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 Commission:
It is an independent body to carry out delimitation.
It works in collaboration with the Election Commission of India without any executive influence.
Appointed by: the President of India under provisions of the Delimitation Commission Act.
Composition: A retired Supreme Court judge, the Chief Election Commissioner of India and respective State Election Commissioners.
Constitutional provisions: The Commission’s orders are final and cannot be questioned before any court as it would hold up an election indefinitely.
Delimitation is the process by which the limits or boundaries of acountry’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 afair 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:
Data Insights: Considering the Census data for 2011
Population Distribution:
48.6% of India’s population comes from five states: Uttar Pradesh, Maharashtra, Bihar, West Bengal, and Madhya Pradesh.
Projected Population Changes: as per the Ministry of Health and Family Welfare for 2011-36
State
Population Share in 1971 (%)
Projected Population Share in 2026 (%)
Uttar Pradesh
15.30
17.03
Bihar
7.69
9.28
Rajasthan
4.70
5.87
Tamil Nadu
7.52
5.44
Kerala
3.89
2.54
West Bengal
8.08
7.05
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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Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
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