The Lok Sabha Speaker has recently assigned 15 MPs from the states of Jammu and Kashmir, Assam, Manipur, Nagaland and Arunachal Pradesh to assist the Delimitation Commission. The task of this Commission is to reassess and redraw the Lok Sabha and Assembly constituencies in these northeastern states and the Union Territory of Ladakh. This action was taken following a request by the Delimitation Commission to the presiding officers of the Lok Sabha and the Assemblies for a nomination of associate members.
Delimitation Commission Overview
The government has formed a Delimitation Commission to redefine the Lok Sabha and assembly constituencies within the Union Territory of Jammu and Kashmir and the northeastern states including Assam, Arunachal Pradesh, Manipur and Nagaland. Supreme Court judge, Ranjana Prakash Desai, leads the Commission.
Delimitation in Jammu and Kashmir
The Commission aims to reconfigure the constituencies of Jammu and Kashmir as per the stipulations in the Jammu and Kashmir Reorganisation Act of 2019. The Act states that the number of seats in the Legislative Assembly will increase, factoring in due reservations for SCs, STs and a few seats set aside for Pakistan occupied Jammu and Kashmir. The last time a delimitation exercise took place in the state was in 1995.
Delimitation in Northeastern States
In regard to the northeastern states of Assam, Arunachal Pradesh, Manipur and Nagaland, the delimitation process will follow provisions laid out in the Delimitation Act of 2002. In Assam, the delimitation exercise resumes after a 12-year hiatus.
Establishment and Functioning of Delimitation Commission
The President of India appoints the Delimitation Commission, which then works in collaboration with the Election Commission of India. The aim is to fix limits or boundaries of territorial constituencies in a country to represent changes in population.
Constitutional Basis
Article 82 of the Constitution mandates Parliament to enact a Delimitation Act after every Census. The first delimitation exercise was conducted by the President, with assistance from the Election Commission, in the period of 1950-51. The Delimitation Commission Act was then established in 1952.
Composition and Objectives
The Commission typically consists of a retired Supreme Court judge, the Chief Election Commissioner and the respective State Election Commissioners. The objectives of the Commission are to ensure equal representation for equal population segments, fair division of geographical areas to prevent political bias, and adherence to the principle of ‘One Vote One Value’.
Functions and Current Status
The key responsibilities of the Delimitation Commission include determining the number and boundaries of constituencies to maintain balance in population across all constituencies and identifying seats reserved for Scheduled Castes and Scheduled Tribes. The Delimitation Commission is a high-power authority in India, whose orders are legally binding and cannot be challenged in any court of law.
The current state of affairs includes the frozen allocation of Lok Sabha seats to states as per the 42nd Amendment Act of 1976 and the extended ban on readjustment as per the 84th Amendment Act of 2001. The latter also allowed the government to undertake readjustment and rationalisation of territorial constituencies based on the 1991 census data. However, the 87th Amendment Act of 2003 provided for the delimitation of constituencies based on the 2001 census data.
Way Forward
The appointment of associated members from the respective states will help the Delimitation Commission address grievances and maintain transparency. This also supports the principle of providing equal representation to equal population segments in the country.