Where do we draw the line?

A primer on the delimitation process

This report is an independent, non-commissioned piece of work by
the Vidhi Centre for Legal Policy, an independent think-tank doing
legal research to help make better laws and improve governance for
public good.

© Vidhi Centre for Legal Policy

About the Authors

Mayuri Gupta is the Milon K Banerji Senior Resident Fellow at Charkha, Vidhi’s
Constitutional Law Centre.

Anshul Dalmia is a Research Fellow at Charkha, Vidhi Centre for Legal Policy.

The authors would like to thank Nivedhitha K (Project Fellow, Charkha) for her time and
insightful comments on an earlier version of this report.

Errors, if any, are the authors’ alone.

Design credits:
Malaika Colaso, Communications Associate, Vidhi Centre for Legal Policy.
Table of Contents

I. Introduction: A Foray into the Inequality of Votes 1

II. What is Delimitation? 2

III. Why do we need to talk about delimitation? 3

IV. How is the Delimitation exercise carried out in India? 8

A. A new Delimitation Act 8

B. A new Delimitation Commission 9

C. Drafting of Working Papers 11

D. Release of Draft Proposal 13

E. Concluding steps 13

V. Key Takeaways 14
I. Introduction: A foray into the inequality of votes

A key function of democracy is to ensure that political representatives effectively represent

the interests of all their constituents. In order for this to successfully happen, electoral
constituencies shall be drawn in a manner that each political representative represents a
population of roughly equal size. This ensures that the vote of each person has the same
value in representative houses such as the Parliament and State legislatures.

To ensure that each Member of Parliament (MP) or Member of Legislative Assembly (MLA)
represents a population of approximately similar size, each State is divided into territorial
constituencies for the purposes of representation of people in the Parliament as well as the
State Assembly. This process of drawing electoral constituencies is known as ‘delimitation’.

Given that the drawing of electoral constituencies is based on population, the conduct of
the Population Census becomes essential. The Population Census supports the delimitation
process by providing updated population figures which become the basis of re-drawing
boundaries and demarcating borders.

While the Constitution enshrines the principle of equality of votes, the situation on ground
tells a different story. The constituencies have not been re-drawn since 2008. Currently,
every person in India has an equal right to vote, however their vote does not have the same
value. The delimitation of constituencies also indicates the exact number of seats which will
be allocated to the States in the Lok Sabha. Since delimitation has not yet happened, the
apportionment of seats has also been subsequently delayed. This has taken the delay to
almost six decades as of now, raising several federal concerns.

In this primer, we attempt to understand the contemporary importance of delimitation by

highlighting the dangers arising from this skewed representation in representative houses.
We then attempt to identify the steps of delimitation in order to make this complex process
transparent as well as highlight the authorities that are responsible for conducting the
process at each step in order to ensure accountability. This process will be then used to
impress the immediacy and the necessity of conducting both the Population Census and
delimitation of electoral constituencies.

Did you know?

While the population census has to be conducted once after every 10 years, the primary
governing legislation i.e., the Census Act 1948 and the Census Rules 1990 does not
mention any time frame or regulation. Census in India is thus conducted every 10 years as
a matter of tradition!

1
 II. What is delimitation?
Delimitation is the process of drawing the limits of territorial constituencies for elections to
representative bodies in India ranging from the Parliament to the State Legislatures, as well
as urban and rural local bodies such as Panchayats and Municipalities.

The Delimitation Commission, which is an executive body responsible for this task,
conducts delimitation, proportionally based on the population. According to this principle,
each State is divided into constituent units in such a manner that the population of each unit
is more or less the same. 1

Delimitation translates into a periodic exercise because it is primarily based on population

as a factor which is constantly changing. The division into territorial constituencies is
2
required to be readjusted after the completion of every population census.

For instance, the last delimitation in 2008 was conducted using the data from the 2001
census. As the law currently stands, there is a freeze on the readjustment of territorial
constituencies until the figures of the post - 2026 census are published.

The lines that define!

Constituency A
Constituency B

= Population Density Constituency D Constituency C

In the left box, territorial constituencies are equal in geographical size but unequal in
population density. In the right box, though the constituencies are unequal in geographical
size, they roughly have the same population density after delimitation.

1 The Constitution of India 1950, art 81.

2 The Constitution of India 1950, art 81(3).

2
 What is a Constituency?
A constituency is a geographically-defined area which comprises of voters who elect a
representative to a larger representative body such as the Parliament or the State
Legislative Assembly. The elected representative is duty-bound to represent the
grievances of the people in their constituency.

III. Why do we need to talk about delimitation?

The Constitution, in a bid to ensure equality between the values of the votes of different
voters in India, requires seats in the Lok Sabha to be allocated to states in proportion to
3
their population. Despite the fact that the Constitution mandates that the allocation of
seats in the Lok Sabha and the division of each state into territorial constituencies shall be
readjusted after each census, such periodic readjustment has not followed every Census in
India. The last redistribution of Lok Sabha seats between states was done in 1972, more
than 5 decades ago!
4
The 1972 delimitation was based on the 1971 Census. Till today 1971 population figures
are taken as the base population for redistribution of seats in Lok Sabha.

Delimitation exercises in India

Year
1952 1962 1972 2002
started

Census
1951 Census 1961 Census 1971 Census 2001 Census
figures

Number of
5
Lok Sabha 489 494 542 543
Seats

Allocation of Allocation of
Allocation of
Lok Sabha and Lok Sabha and
Lok Sabha and
Assembly Assembly Redrawing of
What was Assembly seats
seats + seats + constituency
done? + Redrawing of
Redrawing of Redrawing of boundaries
constituency
constituency constituency
boundaries
boundaries boundaries

3 The Delimitation Act 1972, art 81.

4 The Delimitation Act 1972.
5 An extra seat was added to accommodate the new State of Sikkim in 1974 by the Constitution (Thirty-fifth Amendment) Act 1974. 3
 Since the 1970s, there has been no change in the number of Lok Sabha as well as State
Assembly constituencies. The irregularity in the exercise started in 1976, when the 42nd
Constitutional Amendment suspended the revision of seats in Lok Sabha and State
Assemblies until after the 2001 Census. This froze the Lok Sabha seats at 543. The freeze
was introduced to address concerns of those states that successfully implemented
population control measures at that time.

In 2001, the 84th Constitutional Amendment further pushed the freeze to 2026, with the
relevant population figures to be sourced from the first Census after 2026. As a result of
this freeze, India still relies on the 1971 Census for allocation of seats in the Parliament to
States!

What about the 2008 delimitation?

6
The last delimitation was done in 2008 based on the 2001 Census. In 2003, the 87th
Amendments to the Constitution, allowed for redistricting within states based on 2001
population figures to account for population changes. However, the 2008 Delimitation order
readjusted the boundaries of territorial constituencies without modifying the allocation of
Lok Sabha and Assembly seats. Thus, the Lok sabha seats are still fixed at 543.

Why is that a problem?

By the time the first Census figures after 2026 will be published, the population figures
used to allot parliamentary and assembly seats to each state will be 6 decades old.

Allocation of Seats to States in Lok Sabha 1971 Census

Allocation of Seats to State Assemblies based on population figures 1971 Census

Division of each state into territorial constituencies 2001 Census

In the preceding years, the population in India has seen a huge shift. The population in the
northern states in India has increased at a relatively faster rate than the population of the
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southern states that saw prompt implementation of the family planning measures. This has
led to under-representation of the more populous states (such as Uttar Pradesh, Bihar) and
simultaneous over-representation of the less populous states (such as Kerala, Tamil Nadu)
in the Lok Sabha.

This improper representation of states in the Parliament has a direct bearing on the
constitutional principles of ‘one person, one value, and one vote’ as well as ‘federalism and
balancing state interest’, because the value of one vote from each state differs. But how?

6 The Delimitation Act 2002.

7 Census 2011.

4
The South v/s North dichotomy

According to data from the 2011 census, Tamil Nadu and Uttar Pradesh have populations of
approximately 7 crore and 20 crore, respectively. But are the Lok Sabha seats alloted
proportional to their current population?

Tamil Nadu Uttar Pradesh

= Population Density

Tamil Nadu currently sends 39 MPs to Lok Sabha whereas Uttar Pradesh, with a population
almost three times that of Tamil Nadu, sends 80. This means:

1 MP of Tamil Nadu represents 1 MP of Uttar Pradesh represents

Constituency of approx. 18 Lakh Constituency of approx. 25 Lakh

Thus, while the people of Tamil Nadu are relatively overrepresented, those from Uttar
Pradesh are relatively underrepresented. To equalise vote value, if delimitation is done
squarely on the basis of population after 2026, Uttar Pradesh may gain 10 seats while Tamil
Nadu may lose 8 seats.

Such an exercise will result in a sizable shift in political power in the Parliament. The more
populous North Indian States would hold more seats than the South Indian States which
may result in national laws and policies being skewed towards the interest of the more
populous states.

5
 In the last 5 decades, the intellectual discourse surrounding delimitation in India has
diminished. While research and academic discourse on the subject has advanced around the
world, India is lagging far behind. The prolonged delay in the delimitation exercise has led to
a knowledge vacuum on the conceptual and normative understanding as well as practical
empirical techniques to understand delimitation.

Given that delimitation has a direct bearing on India’s representative democracy. This is
worrying. But why?

Are your demands being heard?

Representative democracy is calculated in terms of the ability to influence the decision of

the representative (i.e., MP or MLA). When an MP or MLA represents a very large
population, it becomes difficult for individual citizens to have their concerns heard, let alone
see them translated into concrete actions. Let’s see how!

Delhi Cantonment Delhi's Vikaspuri

Assembly Constituency Assembly Constituency

78,800 voters Over 4,62,000 voters

The larger the constituency, the harder it is for the MP or MLA to effectively engage with
citizens, prioritize local issues, and ensure meaningful representation. On the other hand,
smaller constituencies have a greater chance of communicating their demands and
concerns with their representative. Thus, the quality of representative democracy depends
on the size of the constituency.

It is imperative to bear in mind the political implications of any delimitation exercise.

Delimitation decides which territorial area and its people form a particular
constituency. Thus, constituency boundaries can be drawn to advantage a particular
political party in the elections.

6
 Did they cross the line?

Suppose a political party ABC is in power in a State. Traditionally, it happens to gain more
votes/supporters in urban areas. Constituencies were redrawn in a way that more villages
were merged with adjoining urban areas. This provided an electoral advantage to party
ABC in the next election!

The political party that knows the demography of the state is best placed to gain from
delimitation – this change from rural to urban was used by party ABC for electoral gains.

Constituency A Constituency C

Constituency A

Constituency B

Constituency C

Constituency D

Constituency E

Constituency B Constituency D

In this region, there are Delimitation occurs in Delimitation occurs in favour of White
40% White voters and 60% favour of Blue voters in all voters in constituencies A & B and
Blue voters constituencies Blue voters in C & D

A process that has practical bearing on the democracy and political representation of the
people in the Parliament should be done in a fair and transparent manner.

This will ensure that the delimitation of electoral constituencies does not become a purely
political exercise which is vulnerable to being used by any political party to its own
advantage, particularly to gain favourable electoral outcomes.

However, not much information is available on the process that is followed for the Delimitation
of Parliamentary and Assembly constituencies in India.

7
 IV. How is the Delimitation exercise carried out in India?

Even after so many years, the process of delimitation of electoral constituencies from the
start to end has remained notably opaque. This is because the Constitution delineates only
the overarching principles that must be considered during the delimitation process, while
the detailed procedures for carrying out the delimitation exercise are articulated in the
delimitation law enacted by Parliament before each delimitation exercise.

Given that the moratorium imposed on delimitation of parliamentary constituencies in

India will come to an end in 2026, it is important to understand the procedure that the next
delimitation exercise might follow.

Towards this end, Vidhi has attempted to study the process followed by the Delimitation
Commission in the last delimitation exercise (2002-2008). Based on the available
information, we have conducted a mapping exercise to understand the stages involved in
the delimitation process and the stakeholders involved at each stage.

A. A new Delimitation Act

Delimitations around the world are prompted by either the passage of a specified time
8
period or a periodic event. Under the Constitution of India, delimitation is prompted by a
periodic event - the Population Census.9 Article 82 of the Constitution of India mandates
the conduct of a delimitation exercise after every census.

PUBLICATION OF
DELIMITATION ORDER
PUBLICATION OF RELEVANT
POPULATION DATA

CONDUCT OF
DELIMITATION

A NEW
DELIMITATION
ACT
CONDUCT OF CENSUS

8 Lisa Handley, Delimitation Equity Project: Resource Guide (IFES, 2006)

9 The Constitution of India 1950, art 82.

8
 After the completion of the Census, the Parliament enacts a Delimitation Act for the
purposes of redrawing the boundaries of electoral constituencies of the Parliament and of
the State Assemblies.

10
This new Delimitation Act repeals the existing/former Act on Delimitation. For instance,
the Delimitation Act 1971 has repealed the Delimitation Act of 1961.

STAGE STAKEHOLDERS INVOLVED

Completion of the Population Census The Office of the Registrar General and
based on the Census Act, 1948 and the Census Commissioner, Ministry of Home
Census Rules, 1990 Affairs

The Delimitation Act is drafted MPs and bureaucrats

The Delimitation Act is passed in the

MPs + President of India
Parliament.

Repeal of the older delimitation Act Parliament

B. A new Delimitation Commission

The Constitution empowers the Parliament to decide the manner in which the delimitation
11
exercise is to be carried out as well as the authority that should carry out the exercise.

In India, the Delimitation Act entrusts the task of drawing the Parliamentary and Assembly
constituencies to an independent authority. This authority is known as the Delimitation
Commission (DC).

After the enactment of the Delimitation Act, a new DC is constituted. The DC is constituted
by the Union Government. The last DC was appointed in 2002 with the following core
members: 12
Present or a former Supreme Court judge as the Chairperson,
The Chief Election Commissioner (or his/her nominee) and the State Election
Commissioner (or his/her nominee), as members.

10 The Delimitation Act 2002, s12.

11 The Constitution of India 1950, art 82.

12 The Delimitation Act 2002, s 3. 9

 Did you know?

The DC has the power to call upon experts to assist its working. The officers and persons
so called upon shall be duty bound to assist the DC. According to the last Delimitation
13
Act, the following people can be called by the DC:
The Registrar-General and Census Commissioner, India or his nominee
The Surveyor General of India or his nominee
Any expert in geographical information system
Any other officer of the Central Government or State Government
Other persons whose expertise and knowledge are considered necessary by the
Delimitation Commission and such people will be bound to assist the Commission
Secretary to the Election Commission will be the ex-officio Secretary of the Delimitation
Commission.

STAGE STAKEHOLDERS INVOLVED

Delimitation Commission is constituted Central Government

Central government, Election

Delimitation Commission commences its Commission of India (ECI), SECs,
work Governor, and Nagaland, Speakers of Lok
Sabha 14

MPs, MLAs, Speakers of LS and State

Nomination of Associate Members (AMs) Legislative Assemblies, political parties,
and CEC

In addition to its core membership, Delimitation Acts have allowed the DC to associate
itself with certain MPs from each State and MLAs from each State.

For instance, the 2002 Delimitation Act required the Speaker of the Lok Sabha to nominate
5 MPs from every State within two months and the nomination of 5 MLAs by the Speaker of
15
the respective State Assembly within one month of the composition of the DC. The
16
nomination has to be communicated to the CEC as well.

13 The Delimitation Act 2002, s 3.

14 The Delimitation Act 2002, s 5.

15 The Delimitation Act 2002, s 5. 10

16 The Delimitation Act 2002, s 5(3).
There has been little to no guidance in Delimitation Acts on considerations that direct the
nomination of AMs by respective Speakers. The absence of any guidance could lead to
concentration of AMs from any one political party, costing the DC adequate
representation from across parties. Moreover, the AMs do not have the right to vote or
sign any decision of the Commission.

C. Drafting of Working Papers

The next stage involves the preparation of Working Papers by the DC. The DC initially
prepares working papers on the following:

District-wise population data and entitlement of assembly seats for

Paper I
each district

Entitlement of seats for Scheduled Castes (SC) in the assembly and

Paper II
distribution of SC seats among the districts

Soon after Papers I and II are prepared by the DC’s office, the same is submitted to the
Chairperson of the Delimitation Commission, Election Commission of India (ECI) and the
State Election Commission (SEC) of that State.

Thereafter, a meeting of the full Commission follows to tentatively approve these Papers I
and II. The AMs are first consulted at this stage.

After this stage the other working papers are prepared by the DC on the following:

SC population in the proposed assembly constituencies and seats

Paper III
proposed to be reserved for SC

Scheduled Tribes (ST) population in the proposed assembly

Paper IV
constituencies and seats proposed to be reserved for ST

Abstract statement of proposed assembly constituencies and total,

Paper V
SC and ST population in each constituency

District-wise statement showing details of extent, total/SC/ST

Paper VI
population in each of the proposed assembly constituencies

Proposed Lok Sabha constituencies and their extent in terms of

Paper VII
proposed assembly constituencies

11
 Where are the working papers?
The Working Papers are not available on the public domain at all! Despite our repeated
attempts to obtain copies of Working Papers of the last delimitation exercises through
multiple RTIs filed with the ECI, the Lok Sabha Secretariat, and the Ministry of Home
Affairs - they still remain a mystery!

The working papers are again submitted to the DC for tentative approval after taking into
consideration the suggestions of the AMs. At this stage, all tentatively approved working
papers are disseminated to the AMs, accompanied by supplementary data and maps. AMs
17
are allotted adequate time to review the proposals and formulate their suggestions.

Subsequently, the DC convenes for the second set of meetings with the AMs. The DC
evaluates the suggestions of the AMs on the Working Papers, after which the draft
proposals of the Commission are formulated. 18

STAGE STAKEHOLDERS INVOLVED

Delimitation Commission prepares Members of the Delimitation Commission

working papers. + members of the DC’s office

Papers I and II tentatively approved by

DC. AMs will be consulted for the first Members of the DC + DC’s office + AMs
time.

Papers III to VII tentatively approved

Members of the DC + DC’s office + AMs
tentatively by the DC. AMs are consulted.

Copies of all Working Papers Members of the DC + DC’s office + AMs +

disseminated to the AMs accompanied by The Chief Election Officer of the
supplementary data and maps. concerned State

AMs are given a reasonable time to study

the proposals and formulate their AMs
suggestions.

The second round of meeting(s) of the

Members of the DC + DC’s office + AMs
Commission with the AMs.

17 Ibid.
18 Part X, Page 9, Meeting with Associate Members, https://www.eci.gov.in/eci-backend/public/all_files/delimitation/Procedure(English).pdf

12
 Who all constitute the office of the DC?
Deputy Election Commissioner (head);
One of the ECI Secretaries (who is notified as ex-officio Secretary of the DC);
Any expert in geographical information system; and
Four Under Secretaries and around 20 supporting staff are drawn from the ECI.

D. Release of Draft Proposal

At this stage, the Delimitation draft proposal is developed by the Delimitation Commission,
19
incorporating the recommendations of the AMs. A copy of the draft proposal is
subsequently sent to each AM. The AMs may submit their objections to any section of the
draft proposal at this time as a dissent note. 20

Subsequently, the DC publishes the draft delimitation plan in the Gazette of India and in the
Official Gazettes of all relevant States. The dissenting remarks of the AMs are published
solely at the request of the AM.

STAGE STAKEHOLDERS INVOLVED

A Delimitation draft Proposal is prepared Members of the DC + DC’s office + AMs +

by the DC. ECI 21

A copy of the draft proposals is sent to

Members of the DC + DC’s office + AMs
each of the AMs.

The AMs may send back dissenting notes

DC+AMs
in respect of any of the draft proposals.

DC will publish the draft proposal

together with the dissent note in the
DC
Gazette of India and in the Official
Gazettes of all relevant States.

E. Concluding steps

The delimitation plan is then opened up to the public and their opinions and views are
solicited through one or more public seatings. The final delimitation plan/order is published
in the official gazette and in at least two vernacular newspapers. This is also publicised on
22
radio, television and other possible media available to the public.

19 Ibid.
20 Ibid.

21 Ibid read with The Delimitation Act 2002, s 11 (The ECI is responsible for publishing the proposals in the official gazette) 13
22 The Delimitation Act, 2002, s 10(1).
 STAGE STAKEHOLDERS INVOLVED

Public opinion and views are solicited on the

23 Citizens, DC
Delimitation Plan

All objections and suggestions which may

DC, State Governments, participants
have been received are considered by the
in public consultations
DC before the date so specified.24

Thereafter by one or more orders

(i) the delimitation of parliamentary
constituencies; and
DC
(ii) the delimitation of assembly
constituencies,
25
is determined for each state.

After such publication, every such order

shall be laid before the House of the People
MPs and MLAs
and the Legislative Assemblies of the State
concerned. 26

The Delimitation Commission becomes inoperative after the final Delimitation Order is
published.

V. Key Takeaways
The delimitation process mapping exercise highlighted some concerns around the current
process being followed:

As you can notice, delimitation is an extremely lengthy process which can become time-
consuming. For instance, the 2008 delimitation took 6 years and 4 months to come out with
the final delimitation order. Since the clock is already ticking, it is imperative that we start
with the process at the earliest.

The Delimitation process is a completely executive-driven process with the power of

delimiting constituencies being with governmental institutions such as the Parliament, the
ECI, the DC and the Speakers.

The lack of transparency within the delimitation process is of concern as it undermines both
citizen participation and expert engagement. Since this complex process needs to be
understood carefully and researched closely, institutional spaces for collaboration need to
be provided.

23 Part XII, Page 10, Public Sittings, https://www.eci.gov.in/eci-backend/public/all_files/delimitation/Procedure(English).pdf

24 Ibid. See, The Delimitation Act, 2002, s 9(2).

25 Part XIII, Page 10, Final Orders, https://www.eci.gov.in/eci-backend/public/all_files/delimitation/Procedure(English).pdf 14

26 The Delimitation Act 2002, s 10(3).
 Be careful about the shifting sands!

While the above process has been mentioned in accordance

13 with the existing Delimitation Act
and the Guidelines & Methodology, it cannot be said that the procedure will remain the same for
future delimitations because:

For every delimitation exercise, the old Act is always repealed and a new one is passed by
the Parliament.

No DC has ever disclosed any established apportionment method(s) used by them (such as
Hamilton’s, Webster’s, or Jefferson’s methods for reapportionment of seats in popularly
elected houses).

Along with this, the DC has not even disclosed if they have developed any indigenous
method of their own.

The DC has the absolute power to change the above-mentioned process to either amend a
few steps or repeal existing procedures.

15
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