Delimitation, a significant aspect of the democratic process in India, has sparked several debates recently. Many politicians, primarily from Southern States, argue that delimiting constituencies based on population is unfair and disadvantages states that have successfully implemented population control measures. To understand this argument and its implications, we need to examine the concept of delimitation, its history, legal provisions, and associated concerns.
Understanding Delimitation
In the context of legislative bodies, delimitation refers to the act or process of defining the boundaries of territorial constituencies. Delimitation of constituencies for Lok Sabha (LS) and Legislative Assembly (LA) differs from that of local bodies. The Delimitation Commission Act of 1952 established the process, and the President of India appoints the Delimitation Commission. This Commission collaborates with the Election Commission of India (ECI) to conduct delimitation exercises, which occurred four times—1952, 1963, 1973, and 2002.
Historical Overview of Delimitation in India
The President, with the ECI’s assistance, conducted the first delimitation exercise in 1950-51. The most recent delimitation that affected the state-wise composition of the Lok Sabha occurred in 1976, based on the 1971 census. The Constitution of India mandates equal representation from each state in Lok Sabha, keeping the ratio of seats to population approximately the same across states. However, this clause led to increased representation for states with lax population control measures, causing an imbalance in parliamentary allocation.
Constitutional Amendments and Delimitation
To prevent disparities caused due to uncontrolled population growth, the 42nd Amendment Act of 1976 froze the allocation of Lok Sabha seats and division of states into territorial constituencies based on the 1971 census until 2000. Later amendments allowed for readjustment and rationalisation of constituencies based on subsequent census data, without altering the total Lok Sabha seats allocated to each state.
The Rationale Behind Delimitation
Delimitation aims to provide equal representation to equal segments of a population and ensure fair geographical division to prevent any political party’s advantage during elections. It aligns with the principle of “One Vote One Value”.
Constitutional Provisions Related to Delimitation
Under Article 82, after every Census, the Parliament enacts a Delimitation Act. Similarly, under Article 170, each state divides into territorial constituencies as per the Delimitation Act following each Census.
Concerns Associated with Delimitation
The primary concern is regional disparity in representation, especially between the north and south India, due to population being a deciding factor. The southern states have made substantial progress in population control and contribute significantly to India’s GDP despite housing only 18% of the total population. However, these states might lose parliamentary representation due to delimitation based on population.
Moreover, following the 15th Finance Commission’s recommendations, Southern States raised concerns about losing funding, as the commission used the 2011 Census instead of the 1971 Census for deciding funds allocation.
Furthermore, the upcoming delimitation and seat reallocation might affect the reservation of seats for Scheduled Castes (SC) and Scheduled Tribes (ST), leading to a potential power shift toward the north.
The Delimitation Commission: Composition and Functions
The President of India appoints the Delimitation Commission, which collaborates with the ECI. It comprises a retired Supreme Court judge, Chief Election Commissioner, and respective State Election Commissioners. Its primary function is determining the number and boundaries of constituencies, balancing populations across constituencies, and identifying seats reserved for SCs and STs.
Looking Ahead: Recommendations for Future Delimitation
To address these concerns, future delimitation should account for factors other than population, including development indicators, human development indices, and implementation of family planning programs. A Delimitation Commission could be set up to redraw constituency boundaries based on the 2031 Census, while considering the aforementioned additional factors. Notably, states that have implemented effective family planning programs should receive acknowledgment and reward for their efforts. The guidelines for fund allocation should also be reviewed to promote a more balanced approach.