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Delimitation
A project report to be submitted on the above topic in subject of Election Laws
For the fulfilment of requirement of the syllabus of BALLB (Hons.) 9th semester syllabus
Submitted to: - Submitted by: -
Dr. Arti Suyma
Roll No. 140/20
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Acknowledgement
I would like to express my sincere gratitude to UILS, Panjab University for being given the
opportunity to study this prestigious course of B.A.LLB. I would like to thank my teacher,
Prof. Dr. Arti who gave me this augmenting opportunity to research on this topic and also
guided me throughout.
I would also like to thank my parents who provided me the resources to complete this project.
Suyma
Rollno.140/20
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What is 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. Article 82 and 170 of the Constitution provide that the number of seats in the
Lok Sabha and State Legislative assemblies as well as its division into territorial
constituencies shall be readjusted after each Census. This ‘delimitation process’ is performed
by the ‘Delimitation Commission’ that is set up under an act of Parliament. Such an exercise
was carried out after the 1951, 1961 and 1971 Census.
What is Delimitation Commission?
The Delimitation Commission is a high-powered committee entrusted with the task of
drawing and redrawing of boundaries of different constituencies for state assembly
and Lok Sabha election.
It is appointed by the President and works in collaboration with the Election
Commission.
The Commission consists of –
o A retired or working Supreme Court Judge (chairperson)
o Election Commissioner
o Concerned State Election Commissioners
The Commission’s orders have the force of law and cannot be called in question
before any court.
The Commission’s orders are laid before the Lok Sabha and the legislative assemblies
concerned, but they cannot effect any modifications in the orders.
Delimitation Commission of India: Boundary Demarcation and Legal Authority
Establishment and Authority: The Delimitation Commission of India
is a statutory (and not a constitutional) body. It is established by the Central
Government under the provisions of a law enacted by the Parliament.
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Demarcation of Electoral Boundaries: Its function is to demarcate the boundaries of
the Parliament, and Assembly Constituencies in the country.
Legally Binding Authority: Its orders have the force of law and cannot be challenged
in any court.
Implementation: The orders come into force on a date specified by the President of
India.
o They are laid before the Lok Sabha/the State
Legislative Assembly concerned. But modifications are not permissible.
So far, four such Commissions have been constituted.
Constitutional Provisions and Amendments Governing the Delimitation Commission of
India
Articles 81, 82, 170, 330 and 332: of the Constitution of India deal with the
delimitation of the Parliamentary and Assembly Constituencies. These Articles were
amended by the 84th Constitutional Amendment Act of 2001 and the 87th
Constitutional Amendment Act.
The procedural aspect of delimitation of constituencies has essentially been covered
in the Representation of People Act, 1950 (S.8-13).
The impact of the above amendments to the Constitution is as follows:
o Seats Allocation Until 2026 Census for Lok Sabha: The total number of
existing seats as allocated to various states in the Lok Sabha (1971 census)
shall remain unaltered till the first census to be taken after the year 2026.
o Seats Allocation Until 2026 Census for Legislative Assembly: The total
number of existing seats in the Legislative Assemblies of all states (1971
census) shall also remain unaltered till the first census to be taken after the
year 2026.
o Re-allocation of Reserved Seats for SC and ST Based on 2001 Census: The
number of seats to be reserved for the SC and ST in the LS and SLA shall be
re-worked, based on the 2001 census.
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o Freezing of Territorial Constituencies: Each state shall be re-delimited into
territorial parliamentary and assembly constituencies based on the 2001
census, and the extent of such constituencies as delimited now shall remain
frozen till the first census to be taken after the year 2026
o Uniform Population Distribution: The constituencies shall be so re-delimited
that the population (2001 census) of each parliamentary /assembly
constituency in a state shall be the same throughout the state.
Why is it needed?
Delimitation helps in redrawing the boundaries (based on the data of the last Census)
in such a way that the population of all the constituencies, as far as practicable,
remain equal throughout the State/UT.
It ensures a fair division of geographical areas so that all political parties or candidates
contesting elections have a level playing field in terms of a number of voters.
History
Delimitation commissions have been set up four times in the past — 1953, 1962, 1972 and
2002 — under Delimitation Commission Acts of 1952, 1962, 1972 and 2002.
The union government had suspended delimitation in 1976 until after the 2001 census so that
states' family planning programs would not affect their political representation in the Lok
Sabha. This had led to wide discrepancies in the size of constituencies, with the largest
having over three million electors, and the smallest less than 50,000.
Delimitation Commissions
1952-The Delimitation Commission of 1952 was created due to the Delimitation of
Parliamentary and Assembly Constituencies Order, 1951.[3] Justice N Chandrasekhara Aiyar,
a retired justice of the Supreme Court, was its chairman in 1953.
1963- Delimitation of Parliamentary and Assembly Constituencies Order, 1961
1973- The delimitation commission of 1973 was chaired by Justice J L Kapur, a retired
justice of the Supreme Court.[7] The commission recommended the increase of the seats in the
Lok Sabha from 522 to 542 (later increased to 543 with the addition of one more seat for the
new state of Sikkim).[8] It also recommended increase the total number of assembly seats
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across all states and Union Territories in the country from 3771 to 3997 (including 32 for
Sikkim's legislative assembly).
2002
The most recent delimitation commission was set up on 12 July 2002 after the 2001
census with Justice Kuldip Singh, a retired Judge of the Supreme Court as its Chairperson.
The Commission has submitted its recommendations. Justice Kuldip Singh, who headed the
Delimitation Commission in 2002, made several key recommendations to address issues
related to the unequal distribution of constituencies and to ensure fair representation in India's
parliamentary and assembly elections. Some of the significant recommendations include:
1. Equal Representation: Justice Singh emphasized the need for constituencies to have
relatively equal populations to ensure that each vote has equal weight, adhering to the
principle of "one person, one vote." This was crucial because, over time, some
constituencies had grown significantly in population, while others had not.
2. Non-Biased Delimitation: The commission recommended that the process of
delimitation should be free from political bias and interference. The goal was to avoid
gerrymandering, where boundaries might be manipulated to favor a particular
political party or community.
3. Reorganization of Constituencies: Justice Kuldip Singh proposed the redrawing of
constituencies based on the 2001 Census data. This included adjusting the boundaries
to ensure that constituencies within a state had a more uniform population size.
4. Reservation of Seats: Recommendations were made for proper allocation and
reservation of seats for Scheduled Castes (SC) and Scheduled Tribes (ST) as per their
population distribution in different states and regions.
5. No Increase in Total Seats: One important aspect of the delimitation exercise was that
the number of seats in the Lok Sabha and state assemblies was not increased; only the
boundaries of existing constituencies were redrawn.
These recommendations were aimed at ensuring a more equitable and representative electoral
system in India. The delimitation process was essential to address the disparities that had
developed over time due to demographic changes.
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In December 2007, the apex court, on a petition, issued notice to the central government
asking reasons for non implementation. On 4 January 2008, the Cabinet Committee on
Political Affairs (CCPA) decided to implement the order from the Delimitation
Commission. The recommendations of the Commission was approved by President Pratibha
Patil on 19 February. This means that all future elections in India for states covered by the
commission will be held under the newly formed constituencies.
The present delimitation of parliamentary constituencies has been done on the basis of 2001
census figures under the provisions of Delimitation Act, 2002. The assembly
election in Karnataka, conducted in three phases in May 2008, was the first to use the new
boundaries as drawn by the 2002 delimitation commission.
The tenure of the Delimitation Commission lasted until 31 May 2008. The delimitation orders
issued by the Commission were given effect from 19 February 2008 for most states and union
territories and 20 March 2008 for Tripura and Meghalaya, by a presidential order. The orders
regarding Jharkhand were nullified till 2026 by inserting section 10B into the Delimitation
Act, 2002.
The delimitation of four north-eastern states was deferred due to security risks, by four
separate presidential orders, all issued on 8 February 2008, for Assam, Arunachal
Pradesh, Nagaland and Manipur. The order regarding Assam was rescinded on 28 February
2020. Subsequently, the Government of India has reconstituted the Delimitation Commission
for these four states as well as the union territory of Jammu and Kashmir on 6 March 2020,
under the chairpersonship of former Supreme Court judge Ranjana Prakash Desai. In March
2021, the four north-eastern states were removed from the purview of the reconstituted
Commission.
What is the constitutional requirement?
‘Democracy’ means ‘rule or government by the people’. It follows that the government is
elected by a majority with the broad principle of ‘one citizen-one vote-one value’. The
number of seats in the Lok Sabha based on the 1951, 1961 and 1971 Census was fixed at 494,
522 and 543, when the population was 36.1, 43.9 and 54.8 crore respectively. This broadly
translated to an average population of 7.3, 8.4 and 10.1 lakh per seat respectively.
However, it has been frozen as per the 1971 Census in order to encourage population control
measures so that States with higher population growth do not end up having higher number of
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seats. This was done through the 42nd Amendment Act till the year 2000 and was extended
by the 84th Amendment Act till 2026. Hence, the population based on which the number of
seats is allocated refers to the population as per the 1971 Census. This number will be re-
adjusted based on the first Census after 2026. The boundaries of territorial constituencies
were readjusted (without changing the number of seats) and seats for SC and ST were
determined as per the 2001 Census and will again be carried out after 2026.
In a normal course of events, the delimitation process for the number of seats, boundaries of
territorial constituencies and determining the reserved seats for SC and ST would have
happened based on the Census of 2031 as it would have been the first Census after 2026.
However, with the 2021 Census now being postponed and the year 2026 nearing, there have
been talks about the impending delimitation exercise.
What are the issues?
The number of seats were frozen based on the 1971 Census in order to encourage population
control measures. The population explosion that happened in our country during the last five
decades has been uneven with some States like Uttar Pradesh, Bihar, Madhya Pradesh and
Rajasthan having a greater increase than States like Kerala, Tamil Nadu, Karnataka and
Andhra Pradesh. There are two options that are being discussed in the public domain with
respect to the revised delimitation exercise based on the projected population of various
States as of 2026.
The first is to continue with the existing 543 seats and their redistribution amongst various
States (Table 1) and the second is to increase the number of seats to 848 with proportionate
increase among various States (Table 2).
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It can be noticed in both these scenarios that the southern States, the smaller states in the
north like Punjab, Himachal Pradesh and Uttarakhand, as well as the northeastern States are
bound to be at a disadvantage when compared to the northern States of Uttar Pradesh, Bihar,
Madhya Pradesh and Rajasthan. This may go against the federal principles of our country and
may lead to a feeling of disenchantment in the population of the States that stand to lose in
their representation. It also goes against the philosophy of freezing seats as per the 1971
Census with the States that have been better at controlling the population losing out on their
political significance.
What are international practices?
In a federation like the U.S., the number of seats in the House of Representatives (the
equivalent of our Lok Sabha) has been capped at 435 since 1913. The population of the
country has increased almost four times from 9.4 crore in 1911 to an estimated 33.4 crore in
2023. The seats among the States are redistributed after every Census through the ‘method of
equal proportion’. This does not result in any significant gain or loss for any of the States. For
example, based on the Census of 2020, the reapportionment has resulted in no change in the
number of seats for 37 States. Texas gained two seats, five other States gained one seat each
and seven States lost one seat each.
In the European Union (EU) Parliament which consists of 720 members, the number of seats
is divided between 27 member countries based on the principle of ‘degressive
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proportionality’. Under this principle, the ratio of population to the number of seats shall
increase as the population increases. For example, Denmark with a population of around 60
lakh has 15 seats (average population of 4 lakh per member) as against Germany with a
population of 8.3 crore having 96 seats (average population of 8.6 lakh per member).
What can be an ideal solution?
The issue arises because democratic and federal principles seem to be at loggerheads in the
delimitation exercise as envisaged. However, they can be harmoniously reconciled by giving
equal importance to both. The main work of a Member of Parliament is to legislate on ‘Union
List’ matters like Defence, External Affairs, Railways, Telecommunication, Taxation etc. and
hold the Central government accountable. Majority of the schemes of the Central government
are implemented only by the State governments. Hence, the number of MPs in Lok Sabha
may be capped at the present number of 543 which would ensure no disruption in the present
representation from various States. This will maintain and uphold the federal principle. The
number of MLAs in each State may be increased in line with current population (without
changing the number of Rajya Sabha seats) to address the democratic representational
requirement. However, the most important reform for strengthening democracy is to
empower the local bodies of panchayats and municipalities who engage with the citizens on a
day-to-day basis. The devolution of powers and finances to these bodies must be significantly
increased to strengthen democracy at grass root levels
Next Delimitation Commission
The present delimitation of parliamentary constituencies within states, has been done on the
basis of the 2001 census, under the provisions of Delimitation Act, 2002. However,
the Constitution of India was specifically amended (84th amendment) in 2002, not to have
interstate delimitation of constituencies till the "first census conducted after the year 2026".
Thus, the present constituencies carved out on the basis of the 2001 census shall continue to
be in operation till then.
Apportionment of Parliamentary and Assembly seats
Up until 1976, after every Indian Census the seats of Lok Sabha, Rajya Sabha and State
legislative assemblies of India were re-distributed respectively throughout the country so as
to have equal population representation from every seat. The apportionment was done thrice
as per 1951, 1961 and 1971 population census. However, during The Emergency,
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through Forty-second Amendment the government froze the total Parliamentary and
Assembly seats in each state till 2001 Census. This was done, mainly, due to wide
discrepancies in family planning among the states. Thus, it gives time to states with higher
fertility rates to implement family planning to bring the fertility rates down.
Even though the boundaries of constituencies were altered in 2001 to equate population
among the parliamentary and assembly seats; the number of Lok Sabha seats that each state
has and those of legislative assemblies has remained unaltered since 1971 census and may
only be changed after 2026 as the constitution was again amended (84th amendment to Indian
Constitution) in 2002 to continue the freeze on the total number of seats in each state till
2026. This was mainly done as states which had implemented family planning widely
like Kerala, Tamil Nadu and Punjab would stand to lose many parliamentary seats
representation and states with poor family planning programs and higher fertility
rates like Uttar Pradesh, Bihar and Rajasthan would gain many of the seats transferred from
better-performing states.
Explained: What India Will Look Like After 2026 Delimitation
The biggest jump, as expected, will be in Uttar Pradesh, which already sends the largest
number of MPs to Parliament. The southern states are likely to have a marginal rise, pushing
them further back in terms of representation and electoral heft.
The Women's Reservation Bill, once implemented, will redraw the electoral map of India.
The census and delimitation exercise that will precede the implementation of reservation, is
expected to increase the number of Lok Sabha seats from 543 to a whopping 753. The biggest
jump, as expected, will be in Uttar Pradesh, which already sends the largest number of MPs
to Parliament. The southern states are likely to have a marginal rise, pushing them further
back in terms of representation and electoral heft.
In 2026, the estimated population of India will be 1.42 billion and this data will be crucial for
delimitation, which redraws the boundaries of a constituency on basis of its population.
Based on those numbers, the Lok Sabha seats in Karnataka are expected to increase from 28
to 36 in 2026 -- a jump of just eight seats. The number of seats in Telangana will rise from 17
to 20, Andhra Pradesh from 25 to 28 and Tamil Nadu from 39 to 41.
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The case of Kerala, which has controlled population growth best, will be singular -- the
number of its Lok Sabha seats will drop from 20 to 19.
In contrast, the number of seats in Uttar Pradesh will go up from 80 to 128. The other
northern states would also see significantly more representation.
Bihar -- another state with a rapidly growing population, will have 70 seats instead of the
current 40.
There are currently 29 Lok Sabha seats in Madhya Pradesh, which after delimitation are
expected to be 47. In Maharashtra, there is an estimate of increase of 20 seats after
delimitation -- from 48 to 68.
Rajasthan's number will reach 44 from the current 25.
The huge numerical discrepancy between the northern and southern parts of the country, is
expected to draw criticism from the Opposition.
The number of Lok Sabha seats have not increased since 1977.
So far, Delimitation Commission has been formed four times -- in 1952, 1963, 1973, 2002.
Delimitation did not happen after the census of 1981 and 1991. Though it took place after the
2001 census, the number of seats were not increased.
Once quota is implemented, the number of women members in the Lok Sabha will increase
from the current 82 to 181. 33 per cent seats will be reserved for women in the state
assemblies also.
Bibliography
Election Commission of India. (n.d.). Delimitation of constituencies. Election
Commission of India. Retrieved October 10, 2024, from
https://eci.gov.in/delimitation/
PRS Legislative Research. (n.d.). The delimitation of constituencies in India. PRS
Legislative Research. Retrieved October 10, 2024, from
https://prsindia.org/theprsblog/delimitation-constituencies-india
Mishra, V. (2022, March 5). Delimitation and its impact on Indian elections.
LiveMint. Retrieved October 10, 2024, from
https://www.livemint.com/news/india/delimitation-india-elections
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The Hindu. (2022, May 7). Jammu and Kashmir delimitation 2022: Key points and
implications. The Hindu. Retrieved October 10, 2024, from
https://www.thehindu.com/news/national/jk-delimitation-2022
Lukmaan IAS. (2023, July 25). Supreme Court on delimitation. Lukmaan IAS.
Retrieved October 10, 2024, from https://blog.lukmaanias.com/2023/07/25/supreme-
court-on-delimitation
The Wire. (2022, May 7). Delimitation of Jammu & Kashmir: What you need to know.
The Wire. Retrieved October 10, 2024, from https://thewire.in/politics/jammu-
kashmir-delimitation-exercise
The subject of constituency delimitation has become controversial over the past several
months due to the Women’s Reservation Bill and the population disparity between the
southern and northern states.
Despite the heated discussion, there is a general lack of clarity about what delimitation
implies. Basically, it denotes the fixation of boundaries of parliamentary and state assembly
constituencies in a certain proportion to the country’s or state’s population that is tabulated
after every national census. Delimitation is constitutionally mandated under Articles 82
and170. Articles 330 and 332 provide for the reservation of constituencies for SCs/STs, both
at the central and state levels.
Delimitation has evolved over the years. What began as a fairly innocuous, bureaucratic
exercise in a fledgling democracy has now metamorphosed into a tool for success in a highly
sophisticated, technologically advanced electoral scenario.
Consequently, delimitation has been politicised and is fraught with challenges. One example
is the reservation of constituencies for the SC/ST. The criterion for ST reservation as per
various delimitation acts is their population should be the “largest” in the constituency. This
presumes the ST population is still societally organised in cohesive groups, which may be an
oversimplification and necessitate a relook at guidelines to better align with current realities.
Similarly, The reservation of seats for Scheduled Castes (SCs) is intended to ensure fair
political representation where their population in a constituency is relatively large. However,
the rule is vague because it doesn’t precisely define what "comparatively large" means,
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which leads to several possible interpretations. The lack of a clear definition allows flexibility
in deciding where to create or remove SC-reserved constituencies.
A political party in power can potentially manipulate this process to suit their
electoral advantage. For example, they could:
o Create a new reserved constituency in an area where the SC population is
growing or politically supportive of the ruling party.
o Remove an existing reservation in a constituency where SC voters have
traditionally opposed the party in power, converting it into a general
constituency open to all candidates.
Because the criterion is broad, it leaves room for political maneuvering. A party might use
this to enhance its chances in elections by reshaping constituencies in ways that favor its
own political strategy. This flexibility in drawing constituency boundaries can sometimes lead
to gerrymandering, where boundaries are redrawn to influence the outcome of elections by
grouping or splitting voter bases to suit the ruling party's goals
After the Women’s Reservation Bill received parliamentary assent last year, opposition
parties urged for the early delimitation of constituencies into “women’s reserved seats”.
Conversely, they also argued delimitation would disproportionately favour states slack in
managing population increase and punish those that had successfully implemented the
population policy. Population-trim states are also likely to be affected with regard to
constituency-related funding. For instance, states whose constituencies decrease will lose a
proportionate portion of MPLAD funds as the scheme is linked to constituencies.
Nonetheless, timely delimitation is essential to enable a functional democracy. India has the
largest average number of voters per parliamentary constituency. Already individual
parliamentary and assembly constituencies cover such large populations that adequately
responding and attending to all their developmental requirements presents a serious
challenge to representatives. It is imperative that constituencies are rationalised to have
optimal population to representative ratio.
This requires a strong and autonomous Delimitation Commission. However, it is only a
statutory body that lacks the protection of comprehensive constitutional guidelines or a
rigorous procedural framework cemented in the Constitution. The concerned provisions are
overarching rather than procedure or detail oriented. Without constitutional status, the
Commission’s autonomy is liable to compromise.
Delimitation is also not subject to any form of judicial review, legal recourse or
parliamentary/assembly scrutiny. This would imply the government is the only agency that
has any power over this exercise. The only time the process can be deliberated upon is
before the Delimitation Act is passed. After that, it cannot be questioned, even by
parliament. There is thus an urgent need to initiate a parliamentary debate about
buttressing the Commission’s autonomy to discharge its mandate without fear or favour, and
to follow up, if need be, with a constitutional amendment.
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Parliamentary discussions can also raise incidental issues. For example, after SC/ST and
women’s reservation, will it create a demand for OBC or minority reservation? If so, will it
result in easily manipulatable delimitation of a majority of constituencies to direct the
course of elections?
It is possible delimitation can again be suspended to suit a particular agenda or party. It is
difficult to predict the future. What is clear, though, is that the process of delimitation must
be strengthened and shielded with adequate safeguards. Delimitation is as vital for the
democratic system as elections, and it wouldn’t be wrong to surmise that delimitation
reflects the country’s political philosophy, futuristic agenda and civic commitment.
