The recently released 2020 US population census results have drawn attention to the process of Gerrymandering or redistricting. This article dives deep into the concept of Gerrymandering, studying how it affects the democratic representation and comparing it to the delimitation process in India.
Understanding Gerrymandering
Gerrymandering refers to the act of redrawing electoral boundaries to favor a particular outcome. The term derives its name from Governor Elbridge Gerry of Massachusetts, whose administration initiated new senatorial districts in 1812. This technique’s prime intent is to ensure that the election of public officials mirrors the democratic representation concept, taking into account changes in the geographic distribution of the population.
Detrimental Effects on Democracy
Critics argue that Gerrymandering undermines the principles of democracy as it often violates two tenets of electoral apportionment—compactness and equality of size of constituencies. In the United States, a long-term demographic trend has been identified where Democratic party supporters predominantly inhabit urban areas, whereas the Republican party supporters primarily hail from rural areas. This difference in the density of supporters creates an opportunity for the Republican party to manipulate electoral districts to construct supermajorities of rural voters, unjustly disadvantaging the rivals or diluting the voting power of ethnic or linguistic minority groups.
Political Redistricting in India
Unlike the US, India entrusts the Delimitation Commission with political redistricting. Delimitation involves assigning and reassigning Lok Sabha (Lower House) and Assembly seats to reflect population changes, potentially impacting the number of seats allocated to each state.
Constitutional Provisions for Delimitation in India
Under Article 82 of the Indian Constitution, the Central Government constitutes the Delimitation Commission after each census, followed by the enactment of a Delimitation Act by the Parliament. Simultaneously, Article 170 allows for the division of states into territorial constituencies as per the Delimitation Act post each Census. The fundamental aim is to provide equal representation for equal segments of a population, ensuring that no single political party has an undue advantage during elections, thus upholding the “One Vote One Value” principle.
Delimitation Commissions in India: A Retrospect
Delimitation Commissions have been established four times in Indian history— 1952, 1963, 1973, and 2002, under respective Delimitation Acts. The President, with the Election Commission’s assistance, carried out the first delimitation exercise in 1950-51. Post the 1981 and 1991 censuses, no delimitation was done.
The 42nd Amendment Act of 1976 froze the allocation of Lok Sabha seats to states and the division of each state into territorial constituencies until 2000 at the 1971 level. The 84th Amendment Act of 2001 extended this ban on readjustment until 2026, keeping the total number of seats based on the 1971 census unchanged.
The Role and Constitution of the Delimitation Commission
Appointed by the President of India and working jointly with the Election Commission of India, the Delimitation Commission holds significant power. The Commission, composed of a Retired Supreme Court judge, the Chief Election Commissioner, and the State Election Commissioners, primarily determines the number and boundaries of constituencies to equalize the population across constituencies. It also identifies seats reserved for Scheduled Castes and Scheduled Tribes in areas where their population is notably large. A crucial caveat is that a majority opinion prevails in case of disagreements among Commission members.