Delimitation Commission: Establishment, Constitutional Provisions & Order

Introduction

Delimitation means the act of fixing limits/boundaries of territorial constituencies in a country or a Province having a legislative body. The job of delimitation is assigned to a high-powered body. Such a body is known as the Delimitation Commission or a Boundary Commission.

The Rationale for Delimitation

• Electoral Representation and Fair Elections: A legally mandated exercise in a representative system, where single-member constituencies are used for electing political representatives. It ensures fair elections for the people.
• Territorial Representation and Governance: A stepping stone for the creation of a body polity to govern the affairs of the public at large through the territorial concept of elected representation.

Delimitation Commission of India: Boundary Demarcation and Legal Authority

• Establishment and Authority: The Delimitation Commission of India is a statutory (and not a constitutional) body. It is established by the Central Government under the provisions of a law enacted by the Parliament.
• Demarcation of Electoral Boundaries: Its function is to demarcate the boundaries of the Parliament,  and Assembly Constituencies in the country. 
• Legally Binding Authority: Its orders have the force of law and cannot be challenged in any court.  
• Implementation: The orders come into force on a date specified by the President of India.  
  • They are laid before the Lok Sabha /the State Legislative Assembly concerned. But, modifications are not permissible.
• So far, four such Commissions have been constituted.

Constitutional Provisions and Amendments Governing the Delimitation Commission of India

• Articles 81, 82, 170, 330 and 332: of the Constitution of India deal with the delimitation of the Parliamentary and Assembly Constituencies. These Articles were amended by the 84th Constitutional Amendment Act of 2001 and the 87th Constitutional Amendment Act.
• The impact of the above amendments to the Constitution is as follows:
  • Seats Allocation Until 2026 Census for Lok Sabha: The total number of existing seats as allocated to various states in the Lok Sabha (1971 census) shall remain unaltered till the first census to be taken after the year 2026.
  • Seats Allocation Until 2026 Census for Legislative Assembly: The total number of existing seats in the Legislative Assemblies of all states (1971 census) shall also remain unaltered till the first census to be taken after the year 2026. 
  • Re-allocation of Reserved Seats for SC and ST Based on 2001 Census: The number of seats to be reserved for the SC and ST in the LS and SLA shall be re-worked, based on the 2001 census.
  • Freezing of Territorial Constituencies: Each state shall be re-delimited into territorial parliamentary and assembly constituencies based on the 2001 census, and the extent of such constituencies as delimited now shall remain frozen till the first census to be taken after the year 2026
  • Uniform Population Distribution: The constituencies shall be so re-delimited that the population (2001 census) of each parliamentary /assembly constituency in a state shall be the same throughout the state.

Delimitation Commission (2020): Revisions and Extensions for Constituency Delimitation

• March 2020: The Government of India set up a Delimitation Commission for the delimitation of Parliamentary and Assembly constituencies in four north-eastern states and UT of J&K in accordance with the Delimitation Act, 2002 and the J&K Reorganization Act, 2019, respectively.
• March 2021:  The Government of India removed the four north eastern states from the Commission’s purview.  
  • Further, the term of the Commission was also extended by one year to enable it to continue with its delimitation work in the UT of J & K. 
• Inclusion of Members of Lok Sabha: The Commission also associated in its work, 5 members of Lok Sabha elected from the J&K (nominated by the Speaker of LS, no voting rights).

Delimitation in Jammu and Kashmir

• History of Delimitation of Assembly Seats: The assembly seats in J&K were delimited in 1957, 1966, 1975 and 1995. The last exercise was conducted based on the 1981 census. This formed the basis of the state elections in 1996.
• Lack of Census Data: No census in the state in 1991 and no Delimitation Commission was set up by the State Government after 2001.
• Delimitation Commission’s Mandate: The present Delimitation Commission was entrusted with the work of delimiting the Parliamentary and Assembly Constituency in the UT of J&K based on the 2011 census and following the provisions of the J&K Organisation Act, 2019 and the provisions of the Delimitation Act, 2002.

Delimitation Commission’s Orders: Jammu and Kashmir Reorganization

• J&K as a single entity for delimitation. Consequently, all 5 Parliamentary constituencies now have an equal number of 18 Assembly Constituencies.
• Anantnag – Rajouri area as new Parliamentary Constituency.
• 90 constituencies in J&K: 43- Jammu; 47: Kashmir
  • 6 new Assembly constituencies for the Jammu region and 
  • 1 new Assembly constituency for the Kashmir region.
• ST Reservation: 9 Assembly constituencies for the ST for the first time. ( 6 in Jammu, 3 in Kashmir).
• SC Reservation: of 7 Assembly constituencies for the SC.

Recommendations of the Commission to the Centre

• Kashmiri Migrants: Provision of at least two members (one of them must be a female) from the community in the J&K Assembly (power at par with the power of nominated members of the Assembly of UT of Puducherry).
• Displaced Persons from Pakistan-occupied J&K (PoJ&K): The Central Government may consider giving the displaced persons from PoJ&K some representation in the J&K Assembly. T
  • This may be done by way of the nomination of representatives of the displaced persons from PoJ&K.

Conclusion

• The Delimitation Commission plays a vital role in ensuring fair and representative electoral processes by demarcating boundaries for parliamentary and assembly constituencies. 
• Its statutory authority, based on census data and legislative provisions, aims to uphold democratic principles and provide equitable political representation. 
• Through its meticulous work, the Delimitation Commission contributes to the integrity and effectiveness of electoral systems in India.