The Indian Parliament recently passed the Women’s Reservation Bill, 2023, marking a significant step towards achieving gender equality in Indian politics. However, this monumental legislation is tied up with the issue of delimitation, an action that has been criticized by opposition parties.
Understanding Delimitation
Delimitation involves the redrawing of parliamentary or assembly seat boundaries to ensure an equal number of voters per constituency. It is conducted periodically after each census to guarantee that every constituency across the nation has representation in the Lok Sabha and state assembly. The process ties population growth to the number of elected legislators in a state, ensuring fair representation.
Constitutional Provisions for Delimitation
Articles 82 and 170 of the Indian Constitution are primary when it comes to delimitation. Article 82 authorizes the Parliament to enact a Delimitation Act after every census readjusting the allocation of seats in the Lok Sabha and the Legislative Assemblies of States. On the other hand, Article 170 focuses on the composition of state Legislative Assemblies and dictates the minimum and maximum members a state can have.
Role of the Delimitation Commission
Established by the Delimitation Commission Act of 1952, the Delimitation Commission is set up by the Union government once the Act is in force. Appointed by the President of India, and working closely with the Election Commission of India, its primary task is to redraw constituency boundaries based on the recent census data.
Connecting the Women’s Reservation Bill and Delimitation
According to the Indian government, the Women’s Reservation Bill, 2023 will only come into effect once the delimitation exercise is completed. The rationale behind this is to provide a clear and fair allocation of seats for women. Additionally, by linking the two, it is expected that the total number of seats for both men and women will increase as the delimitation exercise is expected to increase the strength of the Lok Sabha and the state assemblies.
Concerns about Delimitation
One significant concern associated with delimitation is potential underrepresentation. States like Telangana, which have implemented successful population control measures, may face underrepresentation in Parliament as states with higher population growth, like Bihar and Uttar Pradesh, could gain more seats. Southern states contribute a significant portion to the country’s GDP despite having less population, leading to concerns over their political representation.
Delimitation and Women’s Reservation Bill Implications
Linking the Women’s Reservation Bill’s implementation with delimitation has been met with contention from opposition parties. The primary concern is that there isn’t an apparent requirement to associate the two issues, and the government could have chosen to separate the women’s quota from the census and delimitation. A simpler bill could have allowed parties to guarantee a 33% reservation for women within the current arrangement of the Lok Sabha.
Legal Insights into Women Reservation Bill, 2023 UPSC Civil Services Examination Previous Year Questions (PYQs)
When addressing preliminary questions on the Delimitation Commission, it’s noteworthy that the Commission’s orders cannot be challenged in a court of law. Also, when these orders are presented before the Lok Sabha or State Legislative Assembly, no modifications can be made.