Delimitation Commission

The Delimitation Commission fixes territorial constituency boundaries in India based on population changes. While there is need for delimitation for equal representation, debates arise over the fairness of population-based delimitation, especially in southern states. The Commission, appointed by the President, is crucial for Lok Sabha and State Legislative Assemblies, working in tandem with the Election Commission. Constitutional provisions mandate periodic delimitation after each census. Delimitation is seen as essential for the principles of 'One Vote One Value' and proportional representation, yet challenges emerge, particularly disadvantageous states with controlled populations. The exercise must navigate a balance between democratic representation and federal principles, considering not just population but also development indicators for a more equitable approach.

The Delimitation Commission has gained attention in parliamentary discussions regarding the Women Reservation Bill, also known as Nari Shakti Vandana Adhiniyam. As per the bill, the implementation of women's reservation depends on conducting delimitation using data from the initial census following the bill's approval. Concerns have been voiced by several politicians from Southern States regarding constituency delimitation based on population. The upcoming delimitation process for the Lok Sabha and State Legislative Assemblies which is scheduled after the 2026 census has started debates.

Delimitation refers to the process of establishing boundaries for territorial constituencies within a country to align with changes in population. The primary goal of delimitation is to ensure equitable representation for comparable segments of the population. The Delimitation Commission, a high-powered committee appointed by the President, is entrusted with this responsibility for various constituencies in state assemblies and Lok Sabha elections. Additionally, the Commission is tasked with identifying reserved seats for Scheduled Castes and Scheduled Tribes. Its composition includes a retired or serving Supreme Court Judge as the chairperson, an Election Commissioner and relevant State Election Commissioners as members. In cases of differing opinions among Commission members, the decision of the majority prevails.

• Article 82 requires Parliament to pass a Delimitation Act and establish a Delimitation Commission after each Census.
• Article 170 outlines the division of territorial constituencies of states by the Delimitation Commission following every Census.
• The Delimitation Commission Act stipulates that
  • the orders of the Delimitation Commission are final and not subject to questioning before any court.
  • Upon presentation of the Delimitation Commission's orders to the Lok Sabha or State Legislative Assembly, no modifications can be made to the orders.

• 1952- First Delimitation Commission(based on 1951 Census)- Fixed Lok Sabha seats at 494.
• 1962- Second Delimitation Commission(based on 1961 Census)- Fixed Lok Sabha seats at 522
• 1972- Third Delimitation Commission(based on 1961 Census)- Fixed Lok Sabha seats at 543
• To encourage population control measures, 42nd Amendment Act of 1976 froze delimitation until 2001 Census.
• 84th Amendment Act of 2001 froze any increase in seats till the first census after 2026 or at least after 2031.
• 2002- Fourth Delimitation Census(based on 2001 census)- only readjusted the boundaries and there was no increase in the seats of Lok Sabha & State Legislative Assemblies.
• 87th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of 2001 Census, but without altering the number of seats allotted to each state in the Lok Sabha.
• 2020- The central government had reconstituted the Delimitation Commission for 4 states(Assam, Arunachal Pradesh, Nagaland and Manipur- as they were left out during 2002 delimitation exercise) and the UT of Jammu and Kashmir.

• Ensuring Equality: The Commission's delimitation process guarantees adherence to the fundamental principle of "One Vote One Value."
• Achieving Balanced Representation: The Delimitation Exercise ensures that segments of the population receive equal representation, promoting proportional participation.
• Upholding Electoral Integrity: Regular delimitation enhances the overall integrity of the electoral process, aligning electoral practices with demographic shifts and ensuring accurate representation.
• Constitutional Compliance: Periodic delimitation aligns with the constitutional mandates outlined in Articles 82 and 170.
• Preventing Unfair Political Advantage: Delimitation ensures a fair division of geographical areas, preventing any single political party from gaining undue advantage in an election.
• Facilitating Women’s Reservation Implementation: The linkage between the Nari Shakti Vandana Adhiniyam and delimitation underscores the need for delimitation to implement women's reservations effectively.

• Disadvantage for States with Controlled Population: The delimitation exercise poses a drawback for states that have effectively controlled their population
• Constitutional Seat Caps: The Constitution has imposed limits on the number of Lok Sabha and Rajya Sabha seats, capping them at a maximum of 550 and 250, respectively. This means that increasing populations are being represented by a single representative, potentially leading to underrepresentation.
• Potential for Fueling Separatist Movements: The delimitation exercise has the potential to ignite separatist sentiments in Southern and North-Eastern states. The anticipated loss of seats in these regions could disrupt the federal political structure of the country, contributing to regional tensions.

The process of delimitation involves balance between democratic representation and federal principles. India has witnessed significant population growth since the last delimitation and it is necessary to address the resulting imbalances in political representation. Rather than relying solely on population data for delimitation, additional factors like development indicators, human development indices, and the success of family planning initiatives can also be considered. This approach aims to offer a more comprehensive and fair representation of states' needs and accomplishments.