Syllabus
GS Paper 2 – Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies. Statutory, Regulatory and various Quasi-Judicial Bodies.
Context
Supreme Court asked Centre to set up a fresh Delimitation Commission.
Recent Supreme Court Observations:
- The directions were issued on a plea seeking a proportionate representation of the Limbu and Tamang tribal communities in Sikkim and West Bengal assemblies.
- The SC’s decision was made to ensure the rights as guaranteed under –
- Articles 330 (reservation of seats for SCs and STs in the House of People)
- Article 332 (reservation of seats for SCs and STs in legislative assemblies of states) of the Constitution
- To prevent a violation of Article 14 (equality before law).
Delimitation Commission:
- Under Article 82 of the Constitution, the Parliament enacts a Delimitation Act.
- It is responsible for the readjustment of the constituencies (number and boundaries) of Lok Sabha and State Assemblies after every Census.
- Its decisions are considered final and are unchallengeable in any court.
- The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.
- Composition –
- A SC judge (Current or retired) acts as Chairman
- The Chief Election Commissioner of India or an Election Commissioner nominated by him/her.
- Respective State’s Election Commissioner.
- Need:
- To provide equal representation to equal segments of a population.
- Fair division of geographical areas so that one political party doesn’t have an advantage over others in an election.
- To follow the principle of “One Vote One Value”.
- Delimitations in India –
- It has been set up four times since independence i.e. in 1952, 1963, 1973, and 2002.
- There was no delimitation after the 1981 and 1991 Censuses.
- In 1976, the 42nd Constitutional Amendment froze this delimitation exercise until the first Census after 2000 was published.
- In 2002, the 84th Constitutional Amendment further extended the freeze for 25 years till 2026.
Issues with Delimitation:
- Population Control and Parliamentary Representation: States that show less concern for population control could potentially gain a higher number of seats in Parliament. Conversely, southern states that have actively promoted family planning may face a reduction in their representation.
- Delimitation Based on Census Data: Between 2002 and 2008, delimitation was carried out based on the 2001 census data. However, the total number of seats in the Assemblies and Parliament, which were determined according to the 1971 Census, remained unchanged.
- The 87th Amendment Act of 2003: The 87th Amendment Act of 2003 stipulated that the delimitation of constituencies should be based on the 2001 census instead of the 1991 census. This amendment allows for the redrawing of boundaries without altering the number of Lok Sabha seats assigned to each state.
- Capping of Parliamentary Seats: The Constitution has set a limit on the number of seats in the Lok Sabha and Rajya Sabha, capping them at 550 and 250 respectively. As populations continue to grow, an increasing number of citizens are being represented by a single representative.
- Regional Disparity in Representation: There is a disparity in representation between the northern and southern parts of India in the Lok Sabha due to population being a deciding factor. Delimitation based solely on population overlooks the progress made by the southern states in population control, potentially leading to imbalances in the federal structure. Despite comprising only 18% of the country’s population, the southern states contribute 35% to the country’s GDP. The northern states, which did not prioritize population control, are likely to benefit from the delimitation process due to their higher population growth.
- Concerns Over Funding: Concerns were raised about southern states losing funding and representation in parliament after the 15th Finance Commission used the 2011 Census as a basis for its recommendation. Previously, the 1971 Census was used as the base for funding and tax devolution recommendations to states.
- Impact on Reservations for SCs/STs: The scheduled delimitation and reallocation of seats may result in not only a loss of seats for southern states but also an increase in power for political parties with their base of support in the north. This could potentially lead to a shift of power toward the north and away from the south. The exercise will also affect the division of seats reserved for the Scheduled Castes and Scheduled Tribes (SC/ST) in each state (under Articles 330 and 332).
Way forward:
- Proposal for a New Delimitation Commission: A Delimitation Commission should be established to redraw constituency boundaries based on the 2031 Census. Additionally, a State Reorganisation Act should be enacted to divide states into smaller ones, following the population recommendations made by the Delimitation Commission.
- Addressing Asymmetry in Political Representation: There has been significant population growth in India since the last delimitation exercise, highlighting the need to address the resulting imbalance in political representation.
- Comprehensive Criteria for Delimitation: Instead of relying solely on population as the criterion for delimitation, other factors such as development indicators, human development indices, and efforts in implementing family planning programs could be taken into account. This would offer a more comprehensive and fair representation of states’ needs and achievements.
- Acknowledging Efforts in Family Planning: States that have effectively implemented family planning programs should be recognized and rewarded for their efforts.
- Review of Fund Devolution Guidelines: The guidelines for the devolution of funds should be reassessed to incorporate a more balanced approach.
- Criteria for Delimitation Exercise: The growth potential of the localities proposed for the merger and their population growth were considered as criteria for the delimitation exercise.
The Delimitation Commission of India, established by the Indian government under the Delimitation Commission Act, is tasked with redrawing the boundaries of assembly and Lok Sabha seats based on recent census data. Although it was expected that the cap on the number of Lok Sabha and Assembly seats would be lifted after the 2001 Census, an amendment postponed this until 2026, in anticipation of a uniform national population growth rate by that year.
Source: Hindustan Times
Practice Question
Elucidate the concept of delimitation and its necessity. Discuss the procedure for the delimitation process in India. Critically examine the need for modifications in the delimitation process in India. (250 words)