Delimitation

For Prelims: Delimitation, Delimitation Commission Act 1952, Constitution of India, Delimitation
Commission, 15th Finance Commission, ECI.

For Mains: Need for Delimitation and Related Concerns.

Source: TH

Why in News?

The Delimitation of constituencies for the Lok Sabha and State Legislative Assemblies is to be carried
out on the basis of the First Census after 2026.

The 2021 Census was originally postponed due to the Covid-19 pandemic and subsequently due
to delays on the part of the Central government.

What is Delimitation?

About:
Delimitation means the process of fixing the number of seats and boundaries of
territorial constituencies in each State for the Lok Sabha and Legislative assemblies.
It also includes determining the seats to be reserved for Scheduled Castes (SC)
and Scheduled Tribes (ST) in these houses.
This ‘delimitation process’ is performed by the ‘Delimitation Commission’ that is set up
under an act of Parliament.
Delimitation Commissions have been set up four times — 1952, 1963, 1973 and
2002 under the Acts of 1952, 1962, 1972 and 2002.
The first delimitation exercise was carried out by the President (with the
help of the Election Commission) in 1950-51.
History:
The last delimitation exercise that changed the state-wise composition of the Lok
Sabha was completed in 1976 and done on the basis of the 1971 census.
The Constitution of India mandates that the allocation of seats in the Lok Sabha should
be based on the population of each state so that the ratio of seats to population is as
close as possible to being equal across all states. It is intended to ensure that each
person's vote carries roughly the same weight, regardless of which state they live in.
However, this provision meant that states that took little intersst in population
control could end up with a greater number of seats in Parliament.
To avoid these consequences, the Constitution was amended 42nd Amendment Act of
1976 froze the allocation of seats in the Lok Sabha to the states and the division of
each state into territorial constituencies till the year 2000 at the 1971 level.
The 84th Amendment Act of 2001 empowered the government to undertake
readjustment and rationalisation of territorial constituencies in the states on the basis of
the population figures of 1991 census.
 The 87th Amendment Act of 2003 provided for the delimitation of constituencies on the
basis of 2001 census and not 1991 census.
However, this can be done without altering the number of seats allotted to each
state in the Lok Sabha.
Constitutional Provisions:
Under Article 82, the Parliament enacts a Delimitation Act after every Census.
Under Article 170, States also get divided into territorial constituencies as per
Delimitation Act after every Census.

What is the Significance of Delimitation?

Representation:
Delimitation ensures fair representation in the Lok Sabha and State Legislative Assemblies
by adjusting the number of seats based on population changes.
This is crucial for upholding the democratic principle of "one citizen-one vote-one
value."
Equity:
By readjusting the boundaries of territorial constituencies, delimitation aims to
ensure equitable distribution of seats among different regions, considering population
shifts over time.
This helps prevent underrepresentation or overrepresentation of specific areas.
Reserved Seats for SC/ST:
Delimitation determines the allocation of reserved seats for Scheduled Castes (SC) and
Scheduled Tribes (ST) in accordance with constitutional provisions, ensuring adequate
political representation for marginalized communities.
Federalism:
Delimitation impacts federal principles by influencing the distribution of political power
among states. It is essential to strike a balance between population-based
representation and federal considerations to maintain harmony among diverse
regions.
Population Control Measures:
Historically, the freezing of seats based on the 1971 Census aimed to incentivize
population control measures. However, the impending delimitation exercise raises
questions about the effectiveness and implications of this policy in the context of changing
demographics.

What are the Concerns Related to Delimitation?

Regional Disparity:
Disparity in representation between north and southern part of India in the Lok sabha
due to population as a deciding factor.
The delimitation based solely on population disregards the progress made by the southern
states in population control and may lead to disparities in the federal structure.
Despite having only 18% of the country's population, the southern states
contribute 35% to the country's GDP.
The northern states, which did not prioritise population control, are expected to benefit in
the delimitation process due to their higher population growth.
Inadequate Funding:
After the 15th Finance Commission used the 2011 Census as a basis for its
recommendation, concerns were raised about southern states losing funding and
representation in parliament.
Previously, the 1971 Census was used as the base for funding and tax devolution
recommendations to states.
Affecting the Reservations for SCs/ STs:
The scheduled delimitation and reallocation of seats may result in not only a loss of
seats for southern states but also an increase in power for political parties with their
base of support in the north.
This could potentially lead to a shift of power toward the north and away from the
south.
 The exercise will also affect the division of seats reserved for the Scheduled Castes and
Scheduled Tribes in each state (under Articles 330 and 332).

//

What are the International Practices Related to Delimitation?

In the US:
The number of seats in the House of Representatives (the equivalent of our Lok
Sabha) has been capped at 435 since 1913.
The population of the country has increased almost four times from 9.4 crore in
1911 to an estimated 33.4 crore in 2023. The seats among the States are redistributed
after every Census through the ‘method of equal proportion’. This does not result
in any significant gain or loss for any of the States.
For example, based on the Census of 2020, the reapportionment has resulted in no
change in the number of seats for 37 States.
European Union (EU):
In the EU Parliament which consists of 720 members, the number of seats is divided
between 27 member countries based on the principle of ‘degressive
proportionality’.
Under this principle, the ratio of population to the number of seats shall increase as the
population increases.
For example, Denmark with a population of around 60 lakh has 15 seats (average
population of 4 lakh per member) as against Germany with a population of 8.3
crore having 96 seats (average population of 8.6 lakh per member).

What is the Delimitation Commission?

Appointment:
The Commission is appointed by the President of India and works in collaboration with
the Election Commission of India.
Composition:
Retired Supreme Court judge
Chief Election Commissioner
 Respective State Election Commissioners
Functions:
To determine the number and boundaries of constituencies to make the population
of all constituencies nearly equal.
To identify seats reserved for Scheduled Castes and Scheduled Tribes, wherever their
population is relatively large.
Powers:
In case of a difference of opinion among members of the Commission, the opinion of
the majority prevails.
The Delimitation Commission in India is a high-power body whose orders have the force
of law and cannot be called in question before any court.

Way Forward

There is a need to balance democratic representation with federal considerations.

UPSC Civil Services Examination Previous Year Questions (PYQs)

Q. With reference to the Delimitation Commission consider the following statements: (2012)

1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Ans: (c)

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