12/5/24, 12:14 PM Delimitation Commission
Delimitation Commission
clearias.com/delimitation-commission/
ClearIAS Team January 30, 2023
What is Delimitation? What is the process of delimitation? Functions and
duties of delimitation commission? What is the criticism? Read further to know
more.
The consolidation of four districts with their constituent districts was recently
approved by the Assam state cabinet.
The EC announced on December 27, 2022, that the Delimitation of Assam’s
Assembly and Parliamentary constituencies would be based on data from the 2001
Census. There are currently 126 Assembly and 14 Lok Sabha seats in Assam.
On May 5, 2022, the Delimitation Commission turned in its final proposal for Jammu
and Kashmir. Six new legislative seats were proposed to be created for Jammu and
one for Kashmir in the proposal.
Table of Contents
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What is Delimitation?
Need:
Composition:
What is the Process of Delimitation?
How is delimitation done in areas which have disadvantaged groups?
Functions of the Delimitation Commission
Duties of the Delimitation Commission
Delimitation Commission – Significance
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Delimitation Commission – Criticism
Way Forward
Conclusion
What is Delimitation?
Delimitation is the act or process of establishing the boundaries of territorial
constituencies in a nation to reflect changes in population. The Delimitation
Commission must operate independently of executive direction.
The Constitution requires that the Commission’s decisions be final and cannot be
challenged in court because doing so would indefinitely delay an election. The Lok
Sabha or State Legislative Assembly cannot modify the Delimitation Commission’s
orders once they have been laid before them.
Need:
To ensure that all population segments are equally represented.
Fair division of geographic areas to prevent election advantages for one
political party over others.
To adhere to the “One Vote, One Value” principle.
Composition:
The Indian President appoints the Delimitation Commission, which cooperates with
the Indian Election Commission.
Retired Supreme Court judge
Chief Election Commissioner
Respective State Election Commissioners
What is the Process of Delimitation?
After each Census, the Parliament enacts a Delimitation Act in accordance with
Article 82.
According to Article 170, after each Census, States are also divided into
territorial constituencies in accordance with the Delimitation Act.
The Union government creates a Delimitation Commission once the Act is in
effect.
In 1950–1951, the President conducted the first delimitation exercise with the
assistance of the Election Commission.
In 1952, the Delimitation Commission Act was passed.
Under the Acts of 1952, 1962, 1972, and 2002, Delimitation Commissions were
established four times: in 1952, 1963, 1973, and 2002.
The delimitation was absent following the 1981 and 1991 Censuses.
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How is delimitation done in areas which have disadvantaged
groups?
1. Depending on the percentage of SC or ST residents in a State, a certain
number of seats must be reserved there.
2. The Delimitation Commission examines the population distribution in each
constituency after drawing the boundaries. ST is only allowed in the districts
with the highest percentage of Scheduled Tribe residents.
3. The Delimitation Commission considers two factors when deciding how to
divide up Scheduled Castes.
4. It chooses congressional districts where the population of Scheduled Castes is
more prevalent.
5. However, it also disperses these constituencies across the State’s various
regions.
6. Because the population of Scheduled Castes is typically distributed evenly
across the nation, this is done.
7. Every time the Delimitation exercise is carried out, these reserved
constituencies can be switched out.
8. Other underprivileged groups are not similarly protected by the Constitution.
Functions of the Delimitation Commission
The Delimitation Commission is a powerful organisation, and its decisions are
binding. Its decisions cannot be contested in court. The copies of the orders are
presented to the Lok Sabha and the relevant legislative assemblies, but no
modifications are allowed.
The Delimitation Commission must choose the number and boundaries of the
constituencies in such a way that, as practically possible, the population of
each seat is the same.
The Commission also specifies which seats in areas with sizable scheduled
castes and scheduled tribes population are to be reserved for those
communities.
If there is disagreement among the Commission members, the decision of the
majority will be considered.
The Commission publishes draught proposals for public comment in regional
language newspapers as well as the Indian Gazette and official state gazetted.
Additionally, it holds open meetings where the general public can voice their
opinions orally or in writing.
The draught proposal is amended if deemed necessary.
The final order is published in the Gazettes and takes effect on the day that the
President specifies.
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Duties of the Delimitation Commission
On the basis of the most recent population census data, the Commission shall be
responsible for readjusting the representation of the various territorial constituencies
in the House of the People and of the various territorial constituencies in the
Legislative Assembly of each state.
Delimitation Commission – Significance
The Delimitation Commission of India has been regarded as having absolute
jurisdiction, and any court or piece of legislation can never overturn a decision
made by this commission.
However, it has been demonstrated that these instructions from the Indian
Delimitation Commission are being followed as of a specific date provided by
the Indian President.
A legislatively supported body that functions independently of the executive
branch and political parties is the Delimitation Commission.
To ensure that the population is roughly equal throughout all constituencies, it
establishes the number and boundaries of constituencies.
Identifies seats in areas with a significant population that are reserved for
Scheduled Castes and Scheduled Tribes.
Delimitation Commission – Criticism
1. States that don’t care about population control might end up with more seats in
the House of Representatives. States in the South that supported family
planning ran the risk of having fewer seats available.
2. The number of seats in the Assemblies and Parliament that were decided upon
in 1971 remained the same despite delimitation being done in 2008 based on
the 2001 census.
3. In accordance with the constitution, there are a maximum of 550 Lok Sabha
seats and 250 Rajya Sabha seats, respectively, and growing populations are
each represented by a single representative.
Way Forward
Another amendment has delayed this until 2026, even though the number of
Lok Sabha and Assembly seats should have been unfrozen following the 2001
Census.
This was justified on the grounds that by 2026, there would be a uniform
population growth rate across the nation.
A national consensus exercise should be started in order to resolve issues
before 2026.
The Finance Commission’s weighting of the population can be lowered to 10%
or even 5%.
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The strength of the Lok Sabha is anticipated to increase from 543 to 888 when
parliamentary constituency boundaries are redrawn, according to data from the
2011 Census. The Rajya Sabha could have 384 members instead of the
current 245.
Conclusion
The Indian government established the Delimitation Commission of India, also
referred to as the Boundary Commission of India, in accordance with the Delimitation
Commission Act. The commission’s main duty is to redraw the boundaries of each
assembly and Lok Sabha seat in light of a recent census.
Although it was anticipated that the limit on the number of Lok Sabha and
Assemblies seats would be lifted after the 2001 Census, an amendment delayed it
until 2026. This was supported by the prediction that by 2026, the nation’s population
growth rate would be uniform.
Article Written by: Remya
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