DELIMITATION COMMISSION - POLITY

News: SC upholds the constitution of the J&K Delimitation Commission, extension of tenure of its chairperson

 

What's in the news?

       The Supreme Court dismissed a challenge to the constitution of the Jammu and Kashmir Delimitation Commission to readjust constituencies in the new Union Territory.

 

Key takeaways:

       Articles 2 and 3 of the Constitution enable the Parliament to create new States and Union territories.

       Accordingly, the two new Union territories have been created. The J&K Reorganization Act which created the two new Union territories assigns the role of readjustment of constituencies to the Delimitation Commission under the Delimitation Act, 2002.

       A law made under Article 3 can always provide for readjustment of the Constituencies in the newly constituted States or Union territories through the Delimitation Commission.

 

What is Delimitation?

       Delimitation is the redrawing of boundaries of an assembly or Lok Sabha constituency to reflect changes in the population of a region.

 

Constitutional Provisions:

       The Parliament enacts a Delimitation Act under Article 82 of the Constitution and an independent high-powered panel known as the Delimitation Commission.

       Article 170 provides for the States to get divided into territorial constituencies as per the Delimitation Act after every Census.

       The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India.

 

Composition:

       Retired Supreme Court judge

       Chief Election Commissioner

       Respective State Election Commissioners

       Associate members such as Members of Parliament and Legislative Assemblies of states for which the Delimitation Commission is set up, are nominated as associate members to help the commission in its task.

 

Powers of Delimitation Commission:

       The Delimitation Commission is a high power body whose orders have the force of law and cannot be called in question before any court.

 

Functions:

       To determine the number and boundaries of constituencies to make the population of all constituencies nearly equal.

       To identify seats reserved for Scheduled Castes and Scheduled Tribes, wherever their population is relatively large.

       Delimitation Commissions have been set up four times - 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.

 

Freeze on Delimitation:

       Article 81 of the Indian constitution mandates that the population-to-seats ratio should be the same for all states.

       The Indian Constitution has specified the maximum strength of members of the Lok Sabha to be 552.

       Although unintended, this provision implied that states that took measures to ensure population control would end up having a lesser number of seats in the Parliament.

       The southern states that promoted family planning faced the possibility of having their seats reduced.

       To address this issue, the Constitution was amended during the Emergency to suspend delimitation until 2001 through the Constitution (Forty-second Amendment) Act, 1976.

84th Constitutional Amendment:

       The 84th Amendment to the Constitution in 2002 had put a freeze on the delimitation of Lok Sabha and State Assembly constituencies till the first Census after 2026.

       The current boundaries were drawn on the basis of the 2001 Census, the number of Lok Sabha seats and State Assembly seats remained frozen on the basis of the 1971 Census.

       The population according to the last census preceding the freeze was 50crore, which in 50 years has grown to 130 crore, causing a massive asymmetry in the political representation in the country.

 

Jammu & Kashmir Delimitation:

Constituencies redraw:

Delimitation Commission has recommended seven additional constituencies such as

       6 for Jammu

       1 for Kashmir

       Jammu Division will now have 43 seats compared to 37 earlier

       While Kashmir Valley will have 47 seats compared to 46 earlier.

 

Lok Sabha Seats:

       Reorganization of the Parliamentary constituencies so that 5 Lok Sabha seats constitute 18 Assembly constituencies each, taking the total number of assembly constituencies to 90.

       Reserving 9 Assembly seats for Scheduled Tribes, 6 in Jammu while 3 in Kashmir.

       Doing away with regional distinction between Jammu and Kashmir and treating it as one. The Anantnag region in Kashmir has been combined with Rajouri and Poonch in Jammu to carve out Anantnag-Rajouri as one Parliamentary constituency.

 

Kashmiri Migrants:

       The Commission has recommended provision of at least two members from the community of Kashmiri Migrants (Kashmiri Hindus) in the Legislative Assembly.

       It has also recommended that the Centre should consider giving representation in the J&K Legislative Assembly to the displaced persons from Pakistan-occupied Kashmir, who migrated to Jammu after Partition.

 

Schedule Tribes:

       The Commission has reserved nine Assembly seats for Scheduled Tribes.

       Six of these are in the redrawn Anantnag parliamentary seat, including in Poonch and Rajouri, which has the highest ST population.