Delimitation of Constituencies

7 Feb 2024

Context:

Delimitation of Constituencies for Lok Sabha & State Legislatures is to be carried out based on the first census after 2026.

  • The 2021 Census was originally postponed due to the COVID-19 pandemic and subsequently due to delays on the part of the Central government.

About Delimitation of Constituencies

  • Delimitation of Constituencies means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body
  • The job of delimitation is assigned to a body- known as Delimitation Commission or a Boundary Commission.
  • Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.
  • The 87th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of 2001 census

Delimitation Commission & Its Composition

  • The Delimitation Commission is assigned with the responsibility of delineating and revising the boundaries of various constituencies for state assembly and Lok Sabha elections. 
  • Appointment : By the President of India & works in collaboration with the Election Commission of India
  • Members :  A retired Supreme Court Judge (chairperson),  Chief Election Commissioner & Respective  State Election Commissioners. 
  • Absolute Power : Its orders have the force of law and cannot be called in question before any court
    • Its  orders are laid before the Lok Sabha and the concerned legislative assemblies  but no modifications are permissible therein by them.

Significance of Periodical Delimitation Exercise

  • Maintain Proportional Representation:
    • Adjustment of boundaries (utilizing data from the most recent Census) to maintain equal population distribution across all constituencies within the State/Union Territory. 
Constitutional Requirement of Delimitation Commission: 

Article 82 mandates the parliament that after every census there should be enactment & Constitution of Delimitation Act & Delimitation Commission.

Article 170 provides for the division of  territorial constituencies of states after every census.

    • Balanced Electoral Landscape : It guarantees an equitable allocation of territorial divisions to ensure that all political parties or candidates in the elections.
  • Adequate Representation : For Reserved Seats for SCs & STs.
    • One Vote One Value Principle

Why Is Delimitation Exercise Frozen?

  • To encourage the Population Control Measures 
    • Maintain federal principles of our country by allowing equal representation from all the states & UTs concerned.
    • States with higher population growth do not end up having higher numbers of seats.

Issues in Delimitation of Constituencies in Present Scenario

  • Population Explosion in the states which already had higher population compared to the states which improved. 
  • 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.
  • 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.
  • 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.

Probable Alternatives to Delimitation of Constituencies

  • Proposal to Maintain Current Lok Sabha Representation:The number of MPs in Lok Sabha may be capped at the present number of 543 which would ensure no disruption in the present representation from various States. 
    • This will maintain and uphold the federal principle. 
  • Enhancing State Legislative Representation: The number of MLAs in each State may be increased in line with the current population (without changing the number of Rajya Sabha seats) to address the democratic representational requirement.

News Source: The Hindu

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