The Union Government in India has recently found itself in the middle of a controversy regarding the establishment of a Delimitation Commission for Arunachal Pradesh, Manipur, Assam and Nagaland. The decision was labelled as “unconstitutional” and “illegal” by a former legal advisor to the Election Commission (EC). This Delimitation Commission was constituted on 6th March 2020, in order to redraw Lok Sabha and assembly constituencies within Jammu and Kashmir, and the four Northeastern states. The current Commission is presided over by ex-Supreme Court judge Ranjana Prakash Desai.
Reviewing the Past: Delimitation Exercise in 2002-08
In the previous delimitation exercise conducted from 2002-08, Arunachal Pradesh, Assam, Manipur and Nagaland were excluded due to challenges that arose from the allegedly defective data used from the 2001 Census. The tribal communities in these four states voiced concerns that the delimitation practice could potentially change the composition of seats reserved for them, which would negatively affect their electoral interests. This led to the amendment of the Delimitation Act of 2002 on 14th January 2008, authorizing the President to delay the exercise after violence became an issue in the states. Consequently, the Parliament tasked the EC with carrying out the delimitation exercise in these four states, leading to the introduction of Section 8A representation in the People (RP) Act 1950.
The Issue at Hand: Contravention of RP Act 1950
The core of the controversy revolves around the Centre’s latest decision, which is deemed unlawful because it contravenes the Representation of People Act 1950. As per Section 8A of the RP Act 1950, the power to conduct delimitation in the four northeastern states rests solely with the EC, a law established by the Parliament in 2008. This implies that any delimitation attempts by the newly formed Delimitation Commission would be nullified, leading to unnecessary wastage of public funds.
Understanding Delimitation
Delimitation essentially involves redrawing boundaries of Lok Sabha and Assembly constituencies in order to depict changes in population, based on the preceding Census data. The purpose of delimitation exercises is to ensure equal representation for equal segments of the population, ensure fair division of geographical areas, and uphold the principle of “One Vote One Value”.
The Delimitation Commission: Establishment, Composition and Functions
The Delimitation Commission is appointed by the President of India and works closely with the Election Commission of India. Its constitutional basis lies in Article 82 which mandates Parliament to enact a Delimitation Act after every Census. Furthermore, Article 170 provides division of State into territorial constituities under the Delimitation Act, following each Census. Once the Act is in force, the Central government sets up the Delimitation Commission. Typically, the Commission includes a retired Supreme Court judge, the Chief Election Commissioner, and state-specific Election Commissioners. It is tasked with determining the number and boundaries of constituities to equalize the population across all constituencies. Additionally, it identifies seats reserved for Scheduled Castes and Scheduled Tribes in areas where their population is relatively large.
Last Modified: February 8, 2024