DELIMITATION EXERCISE - POLITY

News: Election Commission to begin delimitation exercise in Assam

 

What's in the news?

       The delimitation was carried out following a request from the Ministry of Law and Justice in November to begin the delimitation exercise of Assembly and parliamentary constituencies in Assam.

       The census figures of 2001 would be used for the delimitation process.

 

Key takeaways:

       As mandated under Article 170 of the Constitution, census figures of 2001 shall be used for the purpose of readjustment of parliamentary and Assembly constituencies in the State.

       Reservation of seats for the Scheduled Castes and Scheduled Tribes will be provided as per Articles 330 and 332 of the Constitution of India.

       The last delimitation of constituencies in Assam was done on the basis of census figures of 1971 by the then Delimitation Commission in 1976.

 

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.

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

 

 

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 50 crore, which in 50 years has grown to 130 crore, causing a massive asymmetry in the political representation in the country.