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Greetings delegates.
From Motions of No Confidence to seeing the Ruling and Opposition parties lock
horns, the Lok Sabha demands proficiency in various areas, and a diverse set of
skills, setting it apart from any other conventional committee.
In order to aid your understanding of the topic, we have decided to provide this
background guide for your reference, as a way to grasp core concepts related to
topics we hope to see debate on, from all the delegates in the committee. Below,
you will find a brief on the actual agenda, and some research links to help you get
started with your research. Kindly note that this guide may not be cited as a source
for information if asked, and is not intended to be a definitive text, i.e. each
delegate is expected to research beyond just this document.
For any clarifications regarding this guide, the committee, or the agenda, please
feel free to contact the EB. We are looking forward to an action packed committee.
Sincerely:
● Roll Call: At the beginning of each session, the chairperson(s) shall record the
presence of each participant, and determine quorum, as well as simple and special
majority.
- Starred Questions are those questions where oral answer is mandatory, and
supplementary questions allowed by default.
The Zero Hour will be unmoderated, and hence no submissions via chit will be
accepted by the Executive Board
● Documentation:
○ Press Releases: A Press Release, as the name suggests, is a method of
informing the committee, via a news agency, of any new developments in
committee. Press Releases may be sent at any point of time when in formal
session, except during Question Hour, Zero Hour and Tabling of Bills.
Agenda: Discussing the delimitation exercise with the added context of the upcoming
caste census.
They work in conjunction with the President of India and the State Election
Commissioner to examine changes in the population to redraw constituencies or create
new ones. It then publishes in the Gazette of India its draft report, which is open for
public feedback. After accounting for the feedback, the Commission publishes its final
report.
The Constitution mandates that the Commission’s orders are final and cannot be
questioned by any court as it would hold up an election indefinitely. The date in which
delimitation is to be enforced is controlled by the President of India and once these orders
are announced, they cannot be modified - neither the Lok Sabha nor the State Legislative
Assembly can dispute the orders of the Delimitation Commission.
Delimitation also affects the number of seats reserved for Scheduled Castes (SCs) and
Scheduled Tribes (STs), which are determined on a state-by-state basis as per the share of
these communities’ populations in each state.
Criticisms against delimitation raise general problems as to how it functions. The primary
objection to how delimitation is implemented is that the number of seats in the Lok and
Rajya Sabha has been capped by Article 81 of the Constitution to 550 (530 for states, 20
for Union Territories) and 250 respectively, despite the fact that Article 82 states the after
every delimitation exercise, allocation of House seats must be adjusted based on
‘population changes.’
Moreover, even when this is accounted for, states with little interest in population control
could end up with a greater number of seats in both Houses of the Parliament, despite
Article 82 highlighting that ‘the ratio between (the number of seats) and the population of
the state is, so far as practicable, the same for all states’ i.e., each constituency should
ideally have the same population. This problem applies in particular to the southern states
that have promoted family planning and may face a reduced number of seats.
Lastly and most importantly, delimitation is based on census data, which is meant to
happen every decade, but the results of these censuses have often come under fire, being
accused of bias and unreliability, particularly in the case of representation of caste and
gender. Thus, each delimitation exercise in the past has been tumultuous at best, creating
an unstable and controversial history.
The upcoming delimitation was to be taken after a 2021 census, to affect the 2024 May
elections but due to COVID-19, both the census and the exercise were pushed to 2026.
The new census is to happen in two phases: a house listing phase and a population
enumeration phase, both phases after the 2024 general elections, but that is the extent of
information currently. The new exact dates of both the census and delimitation still
remain unknown; many have opined that the BJP government has dragged its feet in
attempts to equivocate the exact number of upper-caste constituencies as well as hide the
declining birth rate amongst Muslims.
Key Terms
3. The Delimitation Act, 2002: A law in force within the territory of the Republic of India
that empowers the central government to constitute a ‘delimitation commission.’ This
commission has the sole authority to readjust the size of constituencies of the Lok Sabha
and state legislative assemblies.
4. Family Planning: Family planning is the information, means, and methods that allow
individuals to decide if and when to have children. This is a key issue of controversy
between northern and southern states. Southern politicians often allege that the North’s
failure to implement such policies will give the Northern states an unfair majority of seats
in parliament.
7. Caste: A fixed social group into which an individual is born within a particular system
of social stratification. Caste-based discrimination is one of the black marks on Indian
society and a cause of key controversy.
1976: The last delimitation exercise altering the state-wise Lok Sabha composition
occurred based on the 1971 census. The Constitution of India stipulates that Lok Sabha
seats should align with state populations, aiming for equal representation.
2001 (84th Amendment): The government gained authority through the 84th Amendment
Act of 2001 to readjust and rationalize territorial constituencies based on the 1991 census
figures.
2003 (87th Amendment): The 87th Amendment Act of 2003 mandated the delimitation of
constituencies using 2001 census data, superseding the earlier provision based on the
1991 census.
Delimitation Act 2002
The Delimitation Act of 2002 has been established in order to govern the allocation and
adjustments of seats in the House of People. This Act has also helped in maintaining the
proper allocation of seats to states. This act has been seen to conclude articles, associate
member, Commission, election commission, member, and state. In this Act, article means
an article of the Indian constitution, associate member means member who has been
nominated under section 5, commission means delimitation commission which has been
established under section 3, Election commission means Election Commission of India
which has been referred to in article 324, member means individuals who have any type
of membership in commission and state means union territories which have legislative
assemblies.
According to this Act, the Delimitation Commission should determine its own procedures
and should also have all powers of a civil court under “Code of Civil Procedure, 1908 (5
of 1908)” in cases of summoning a witness, producing any document and requisitioning
public record. Delimitation Act 2002 has also defined that the Delimitation Commission
of India has the authority to ask any citizen of India for information that may be useful
for the delimitation commission.
Powers described by clauses (a) to (c) of subsection (2) and subsection (I) can be
exercised by any member of this commission. Opinions regarding any matter concerning
the commission have been seen to be acceptable if the majority of members agreed to it.
The absence of a member cannot hamper decisions taken as this Act depicts those
decisions can be taken and in case of the absence of a member, the opinion of that
particular member will have no value. Delimitation Act 2002 has also depicted that for
criminal proceedings, the delimitation commission has to go to a civil court under
sections 346 and 345 of “Code of Criminal Procedure, 1973 (2 of 1974)”.
Other than the Powers and Procedures of the Commission, the Delimitation Act 2002 also
defined the constitution of the commission, associate members, duties of the commission,
readjustment of seats, casual vacancies in the commission, publication of orders and dates
of operation, delimitation of constituencies, repeal, and power to maintain orders of
delimitation commission.
Case Studies
Caste remains a highly sensitive issue in modern India. Even in 2023, many of our fellow
citizens continue to suffer from caste-based violence and atrocities, and members of the
lower castes feel oppressed, protesting against this injustice daily. Recognizing these
concerns, in 1979, Prime Minister Morarji Desai decided to establish a commission to
identify the lower castes based on social or educational metrics.
The findings of this commission, known as the Mandal Commission, would significantly
impact the course of Indian politics.
The commission reported that 52% of the population in India belongs to backward castes.
To address their plight, the government was recommended to significantly scale up
reservation and caste-based welfare schemes. This finding sparked an intense debate,
leading to both pro-reservation and anti-reservation sentiments, often manifesting in
violent protests. Exploiting this battle to implement the commission's findings, a new
generation of leaders emerged, including Bihar Chief Ministers Lalu Prasad Yadav and
Nitish Kumar, and Karnataka Chief Minister Siddaramaiah. They formed caste-based
coalitions.
However, until recently, the government's last accurate caste data dated back to a census
conducted under British rule in 1931. Given the prevalence of caste-based schemes in the
nation, regional caste leaders have been urging the government to conduct an updated
census to obtain more reliable data. While the government did collect this data in the
2011 census, it refused to publish it due to errors.
Karnataka
In Karnataka, during his first term as chief minister, Siddaramiah commissioned a caste
survey in 2015 to ensure reservation benefits align with caste populations. Headed by
Justice Kantharaj, the report was completed in 2018 but remains unpublished. Facing
criticism for being a waste of taxpayer resources, legal challenges, and leaked data
upsetting traditional caste groupings, the report has resurfaced in light of Bihar's findings.
With top Congress leaders like Rahul Gandhi endorsing a nationwide caste census,
Siddaramaiah is now under pressure to release the report.
Bihar
In Bihar, dissatisfied with the lack of data, the government, like Karnataka under CM
Nitish Kumar, proceeded with an independent caste survey in 2022. The data was
published on October 2, 2023, but has been controversial. It has faced widespread
criticism for manipulating data, using an unreliable methodology, incorrect accounting of
castes and subcastes, and stoking caste-based tensions for political gain.
Women’s Reservation Bill
Women constitute a dismal 15.2% (82 people) of representatives in Lok Sabha, 13% (31
people) in the Rajya Sabha, and 9% total in State Legislative Assemblies. In 2015, the
Report on the Status of Women in India noted that decision-making positions in political
parties have negligible presence of women. It recommended reserving at least 50% of
seats for women in local bodies, State Legislative Assemblies, Parliament, ministerial
levels, and all decision-making bodies of the government. Consequently, bills amending
the Constitution to reserve seats for women in Parliament and State Legislative
Assemblies have been introduced in 1996, 1998, 1999, and 2008. The first three Bills
lapsed with the dissolution of their respective Lok Sabhas and the fourth was passed in
the Rajya Sabha and tabled in the Lok Sabha in 2014.
In lieu of this, the 128th Constitutional Amendment Bill, 2023 was introduced on
September 19th, 2023 and passed by both Houses of the Parliament on September 20th.
Colloquially known as the Women’s Reservation Bill, the bill aims to reserve 1/3rd
(33%) of seats in the Lok Sabha and all State Legislative Assemblies (including the
Legislative Assembly of the National Capital Territory of Delhi). This reservation also
means that 1/3rd of seats reserved for SCs and STs in Lok Sabha and state legislatures
must go to women. Sonia Gandhi criticized this, stating that reservations should be also
specifically applied to women in Other Backward Classes (OBCs) i.e., ‘quotas within a
quota.’ Others also want to apply this to Muslim women.
Seen by most as a historic victory towards gender equality in Indian politics, the bill has
come under fire for a variety of reasons, most notably its delay in implementation, which
is where it ties into our agenda. Article 334A under the bill makes a key change from the
previous 2008 Women’s Reservation bill: the date of commencement.
Previously in the 2008 Bill, reservations were to be made after each election on a
rotational period, but in the newly passed bill, reservations will change amongst the
constituencies based on census and their consequent delimitation exercises. The
reasoning behind this is that reservations can be made based on critical data of the census
and incorporate the feedback of the public and current political context through
delimitation.
This effectively means that though the bill has been passed, women’s reservations will
not come into effect until after the newly updated census and 2026 delimitation exercise,
and certainly not before the 2024 May general elections, a prominent critique of the bill.
This effectively makes the victory a law on paper, but a reality far away. Amit Shah’s
comments about the bill not being a reality until 2029 have amped criticism of its ties to
delimitation.
Even after implementation, the constant obfuscation of delimitation and the censuses
mean a highly unreliable rotational period. Moreover, critics argue that the rotation of
reserved seats may reduce the incentive for MPs to work for their constituencies as they
could be ineligible to seek re-election from that constituency. A study by the Ministry of
Panchayati Raj recommended that rotation of constituencies should be discontinued at the
panchayat level because almost 85% of women were first-timers and only 15% of women
could get re-elected because the seats they were elected from were de-reserved.
The census in India has a rich historical background, tracing its roots back to the colonial
initiative of 1881. This crucial exercise plays a pivotal role in capturing the demographic
landscape, allocating resources, monitoring social transformations, and facilitating delimitation
exercises. However, the census has faced criticism for its broad approach, deemed less suitable
for nuanced inquiries.
Originating in 1881, the census in India serves as a vital tool for the government, policymakers,
academics, and others to comprehensively understand the population, allocate resources, track
social changes, and conduct delimitation exercises. Despite its significance, the census has been
criticized for its broad and generalized nature, considered inadequate for specialized inquiries.
The Socio-Economic and Caste Census (SECC) made its debut in 1931 with the primary
objective of gathering information on the economic status of Indian families in both rural and
urban areas. The SECC aimed to identify indicators of deprivation and collect data on specific
caste names to assess the economic conditions of various caste groups.
The SECC conducted in 2011 aimed to collect comprehensive data on socio-economic indicators
alongside caste information. However, due to concerns over data quality and classification
challenges, the raw caste data collected in the SECC has not been released or utilized effectively.
Recommendations from an Expert Group for classification are still pending implementation.
While the census provides a general overview of the Indian population, the SECC serves the
specific purpose of identifying beneficiaries of state support. The Census Act of 1948 ensures the
confidentiality of census data, while personal information collected in the SECC is accessible to
government departments for determining household benefits.
Overall, the collection of caste-based data in India has a long history, extending until 1931.
However, post- 1951, the decision to halt the collection of caste data aimed to move away from a
divisive approach and promote national unity. Despite this, contemporary socio-political
dynamics have sparked a renewed call for a caste census.
As of 2021, the Government of India has affirmed in the Lok Sabha that it has decided not to
enumerate caste- wise population, excluding Scheduled Castes (SCs) and Scheduled Tribes
(STs), in the census.
In conclusion, the debate surrounding the census and the socio-economic and caste census in
India reflects the intricate balance between addressing social inequalities, ensuring equitable
resource distribution, and navigating the complexities of caste-based data collection. The
government's stance, arguments for and against a caste census, and the role of the SECC
underscore the multifaceted nature of this issue, highlighting the need for careful consideration in
shaping policies that foster national unity and inclusivity.
Caste-based discrimination persists in many parts of India. A caste census can identify
disadvantaged groups, bringing them to the forefront of policymaking. Targeted policies
can then be implemented to address social inequality and uplift marginalized
communities.
Accurate data on the population of Other Backward Classes (OBCs) and other groups is
essential for ensuring equitable distribution of resources. A caste census can provide
insights into the socio-economic conditions and needs of different caste groups, guiding
policymakers in formulating inclusive development policies.
Affirmative action policies, such as reservations for OBCs and other groups, aim at
promoting social justice. However, without proper data on the population, evaluating the
impact and effectiveness of these policies becomes challenging. A caste census can
facilitate monitoring and informed decision-making.
Opponents argue that a caste census would reinforce an illegal caste system. Emphasizing
individual rights and equal opportunities is considered more important than categorizing
individuals based on their caste identities.
Defining castes is a complex issue due to the vast number of castes and sub-castes in
India. Critics argue that a caste census would require a clear definition, leading to
confusion, disputes, and further divisions within society.
Some express concerns that a caste census could exacerbate social divisions. They
believe that promoting social harmony by emphasizing commonalities among people
would be more beneficial for national integration.
Questions A Resolution Must Answer (QARMA)
1. To what extent has the freeze on seat allocation in the Lok Sabha until 2000, as
mandated by the 42nd Amendment Act of 1976, influenced the representation of
states in the Parliament, and is there a compelling rationale for revisiting this
freeze?
2. To what extent does the 87th Amendment Act of 2003, which provides for
delimitation based on the 2001 census rather than the 1991 census, adequately
address the evolving demographic patterns and socio-economic dynamics in India?
3. To what extent has the absence of caste-based data collection in recent census
exercises affected the ability of policymakers to formulate targeted policies aimed
at addressing social inequality and promoting inclusive development?
4. To what extent does the historical discontinuation of caste data collection after
1951 align with the current socio-political dynamics in regard to the women’s
reservation bill, and is there a renewed necessity for a caste census to address
contemporary issues related to social justice?
5. To what extent has the decision of the Government of India, as of 2021, not to
enumerate caste-wise population (excluding SCs and STs) in the census influenced
the understanding of social dynamics and the formulation of policies for
marginalized communities?
6. To what extent does the current absence of caste-based data impede the monitoring
and evaluation of the effectiveness of affirmative action policies, such as
reservations for OBCs and other groups, and their impact on promoting social
justice?
7. To what extent can a caste census contribute to addressing social inequalities by
identifying disadvantaged groups and informing targeted policies to uplift
marginalized communities in contemporary India?
8. To what extent is there a constitutional mandate, as per Article 340, to investigate
the conditions of socially and educationally backward classes, and to what extent
should this mandate influence decisions on caste-based data collection?
9. To what extent does the existing debate on caste-based data collection in India
reflect concerns about reinforcing the caste system, and to what extent can such
concerns be mitigated through careful planning and implementation of a caste
census?