Introduction
- In recent discussions during the Winter session of the Indian Parliament, opposition MPs have raised concerns about the government’s commitment to implementing women’s reservation and the need to complete the caste census and delimitation by 2029.
- The Nari Shakti Vandan Adhiniyam (Women’s Reservation Bill) ties the implementation of women’s quotas to the delimitation process, making this issue central to the country’s political discourse.
- The delimitation exercise is now under scrutiny, and it’s crucial to understand what this process entails and its constitutional basis.
What is the Delimitation Exercise?
- The delimitation exercise is the process of redrawing the boundaries of electoral constituencies to reflect changes in the population.
- It ensures that each constituency represents an approximately equal number of people, thereby maintaining the principle of “one vote, one value”.
- This exercise is essential to ensure fair representation in India’s democratic framework.
- In India, this task is entrusted to a high-powered body known as the Delimitation Commission or the Boundary Commission, which is empowered to carry out the exercise based on the decennial Census data.
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Constitutional Basis of the Delimitation Exercise in India
- The Indian Constitution provides the legal framework for the delimitation process through the following articles:
- Article 82: This article mandates that Parliament must enact a Delimitation Act and constitute a Delimitation Commission after every Census. This ensures that the boundaries of constituencies are adjusted based on the changing population.
- Article 170: This provision allows the Delimitation Commission to divide the territorial constituencies of the states, ensuring that the number of constituencies in each state is proportionate to its population, in accordance with the results of the Census.
Composition and Powers of the Delimitation Commission
- The Delimitation Commission holds substantial authority. Its decisions are final and cannot be challenged in any court, ensuring that the process does not get delayed by legal challenges.
- Additionally, once the Commission’s orders are presented in the Lok Sabha or State Legislative Assembly, they cannot be modified, guaranteeing that the exercise remains unbiased and transparent.
- Composition of the Delimitation Commission:
- Chairperson: A retired Supreme Court judge is appointed as the chairperson of the Commission.
- Members: The Chief Election Commissioner and the Respective State Election Commissioners work alongside the chairperson to oversee the process.
Historical Timeline of Delimitation Exercises
- Since India’s independence, the Delimitation Commission has been set up several times.
- The Delimitation Acts of 1952, 1962, 1972, and 2002 have established four Delimitation Commissions, with the exercises being conducted in 1952, 1963, 1973, and 2002.
- However, delimitation was not conducted following the 1981 and 1991 censuses, which has led to disparities in the allocation of constituencies despite the growing population.
- Freezing of Seats: With the passage of the 42nd Amendment Act of 1976, the allocation of seats in the Lok Sabha and the division of constituencies for each state were frozen at the 1971 census levels until the year 2000. This freeze was meant to maintain a stable representation despite population growth, limiting further adjustments in the representation of states.
- Delimitation and Census Gaps: Following the 1981 and 1991 censuses, there were no delimitation exercises. As a result, constituency boundaries and seat allocations did not reflect the demographic changes of those decades, leading to growing discrepancies in representation.
- Extended Freezing of Seats: In 2001, the 84th Amendment Act extended the freeze on seat allocations for another 25 years, until 2026. This amendment also allowed for the readjustment of constituencies based on the 1991 census but kept the overall number of seats fixed.
- Recent Amendments and Their Implications: The 87th Amendment Act of 2003 allowed for delimitation based on the 2001 census, but it did not alter the number of seats allotted to each state in the Lok Sabha. This adjustment only involved changes in constituency boundaries without increasing or decreasing the number of seats based on population figures.
- Delimitation Commission of 2002: The Delimitation Act of 2002 set up a Delimitation Commission to readjust constituencies using the 2001 census. However, some states, including Assam, Arunachal Pradesh, Nagaland, and Manipur, were excluded from this delimitation exercise.
- Re-fixing Reserved Seats: As part of the 2002 delimitation, the number of seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies was recalculated based on the 2001 census, in accordance with Articles 330 and 332 of the Constitution.
Why is the Delimitation Exercise Significant?
- The delimitation exercise plays a key role in ensuring fairness and proportional representation in India’s democracy:
- Ensuring Proportional Representation: The delimitation process ensures that the population in each constituency is as equal as possible. This is crucial for maintaining fair representation and the “one vote, one value” principle, where every individual’s vote has an equal weight in elections.
- Reservation for SCs and STs: Another significant function of the delimitation exercise is the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in constituencies where their population is substantial. This ensures that these marginalized communities have a voice in the political process.
- Impartial and Transparent Process: The Delimitation Commission operates independently of the government and political parties. Its rulings cannot be challenged in courts, ensuring that the process remains impartial, transparent, and free from political influence.
- Maintaining “One Vote, One Value”: The exercise ensures that no constituency is overrepresented or underrepresented in the Lok Sabha or State Assemblies. This ensures equality in voting and helps prevent any constituency from holding disproportionate political power.
Criticisms of the Delimitation Exercise
- Despite its importance, the delimitation exercise has faced significant criticism over the years:
- No Change in Seat Numbers Despite Population Growth: The 42nd Constitutional Amendment Act of 1976 froze the number of seats in the Lok Sabha and state legislatures based on the 1971 Census. This freeze was extended until 2026 by the 84th Constitutional Amendment Act. As a result, the delimitation exercises since then have involved only cosmetic changes, such as altering constituency boundaries, without increasing the number of seats to accommodate population growth.
- Skipping the Delimitation Exercise After Key Censuses: The 1981, 1991, and 2011 censuses were not followed by delimitation exercises, leading to growing population imbalances that remain unaddressed in the electoral system.
Challenges with the Delimitation Exercise
- Disadvantageous for Population-Controlled States: States like Tamil Nadu, Kerala, and Karnataka have controlled their populations through family planning measures, but these states face a disadvantage in the delimitation process. If the 2021 Census is used, Bihar and Uttar Pradesh will gain more seats, while Southern states may lose political power due to the rising population in Northern states.
- Impact on Regional Parties: Southern regional parties such as the DMK, YSRCP, and TDP could see their influence reduced if the seats in their respective states are reduced. This could lead to a decrease in their bargaining power in the Lok Sabha.
- Fueling of Separatist Movements: Delimitation based on recent census data could exacerbate regional separatist movements, especially in states like Tamil Nadu or Punjab, where a shift in political power may intensify calls for greater autonomy or independence, potentially destabilizing the federal structure.
- Delays in Women’s Reservation: The implementation of the Women’s Reservation Bill is tied to the completion of delimitation. Given the complexities surrounding this exercise, the delay in conducting delimitation could further postpone the realization of women’s quotas in India’s legislative bodies.
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Way Forward
- Building National Consensus: The delimitation exercise must involve broad national consensus, considering the concerns of regional political parties. This will ensure that the process is seen as fair and balanced across the country.
- Incentivizing Population-Controlled States: The Finance Commission can create formulas to financially reward states that have successfully managed their population growth, ensuring that they are not penalized during the delimitation process.
- Flexible and Regular Reviews: The Delimitation Act should be amended to allow for periodic reviews of constituencies every 10 years, in sync with the decennial census. This would help address demographic changes in a timely manner, rather than waiting for long gaps between exercises.
- Public Participation: To ensure transparency and inclusivity, digital platforms should be introduced, allowing citizens to voice their opinions on proposed constituency boundaries and to engage in the delimitation process.
- Strengthening the Delimitation Commission: The Delimitation Commission should be given greater autonomy and expertise by including professionals such as demographers, statisticians, legal experts, and civil society representatives. This would ensure the process is well-rounded and accountable.
