Delimitation

• Delimitation means the process of fixing the number of seats and boundaries of territorial constituencies in each State for the Lok Sabha and Legislative assemblies.
  • It also includes determining the seats to be reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in these houses.
• This ‘delimitation process’ is performed by the ‘Delimitation Commission’ that is set up under an act of Parliament.
  • Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.
    • The first delimitation exercise was carried out by the President (with the help of the Election Commission) in 1950-51.

• History:
  • The last delimitation exercise that changed the state-wise composition of the Lok Sabha was completed in 1976 and done on the basis of the 1971 census.
  • The Constitution of India mandates that the allocation of seats in the Lok Sabha should be based on the population of each state so that the ratio of seats to population is as close as possible to being equal across all states. It is intended to ensure that each person’s vote carries roughly the same weight, regardless of which state they live in.
    • However, this provision meant that states that took little intersst in population control could end up with a greater number of seats in Parliament.
  • To avoid these consequences, the Constitution was amended 42^nd Amendment Act of 1976 froze the allocation of seats in the Lok Sabha to the states and the division of each state into territorial constituencies till the year 2000 at the 1971 level.
  • The 84^th Amendment Act of 2001 empowered the government to undertake readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of 1991 census.
  • The 87^th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of 2001 census and not 1991 census.
    • However, this can be done without altering the number of seats allotted to each state in the Lok Sabha.
• Constitutional Provisions:
  • Under Article 82, the Parliament enacts a Delimitation Act after every Census.
  • Under Article 170, States also get divided into territorial constituencies as per Delimitation Act after every Census.

What is the Significance of Delimitation?

• Representation:
  • Delimitation ensures fair representation in the Lok Sabha and State Legislative Assemblies by adjusting the number of seats based on population changes.
  • This is crucial for upholding the democratic principle of “one citizen-one vote-one value.”
• Equity:
  • By readjusting the boundaries of territorial constituencies, delimitation aims to ensure equitable distribution of seats among different regions, considering population shifts over time.
  • This helps prevent underrepresentation or overrepresentation of specific areas.
• Reserved Seats for SC/ST:
  • Delimitation determines the allocation of reserved seats for Scheduled Castes (SC) and Scheduled Tribes (ST) in accordance with constitutional provisions, ensuring adequate political representation for marginalized communities.
• Federalism:
  • Delimitation impacts federal principles by influencing the distribution of political power among states. It is essential to strike a balance between population-based representation and federal considerations to maintain harmony among diverse regions.
• Population Control Measures:
  • Historically, the freezing of seats based on the 1971 Census aimed to incentivize population control measures. However, the impending delimitation exercise raises questions about the effectiveness and implications of this policy in the context of changing demographics.

What are the Concerns Related to Delimitation?

• Regional Disparity:
  • Disparity in representation between north and southern part of India in the Lok sabha due to population as a deciding factor.
  • The delimitation based solely on population disregards the progress made by the southern states in population control and may lead to disparities in the federal structure.
    • Despite having only 18% of the country’s population, the southern states contribute 35% to the country’s GDP.
  • The northern states, which did not prioritise population control, are expected to benefit in the delimitation process due to their higher population growth.
• Inadequate Funding:
  • After the 15th Finance Commission used the 2011 Census as a basis for its recommendation, concerns were raised about southern states losing funding and representation in parliament.
  • Previously, the 1971 Census was used as the base for funding and tax devolution recommendations to states.
• Affecting the 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 in each state (under Articles 330 and 332).

Delimitation Commission

• Appointment:
  • The Commission is appointed by the President of India and works in collaboration with the Election Commission of India.
• Composition:
  • Retired Supreme Court judge
  • Chief Election Commissioner
  • Respective State Election Commissioners
• Functions:
  • To determine the number and boundaries of constituencies to make the population of all constituencies nearly equal.
  • To identify seats reserved for Scheduled Castes and Scheduled Tribes, wherever their population is relatively large.
• Powers:
  • In case of a difference of opinion among members of the Commission, the opinion of the majority prevails.
  • The Delimitation Commission in India is a high-power body whose orders have the force of law and cannot be called in question before any court.