MINI RESEARCH PAPER
ILS LAW COLLEGE, PUNE
LLM – 2024 – 2026
TITLE –
Delimitation and Constitutional Provisions: A Comparative Study of Express and
Implied Powers
SUBJECT –
COMPARATIVE CONSTITUTIONAL LAW
SUBMITTED TO –
[Link]. VIKRAMADITYA RATHORE
SUBMITTED BY –
PRUTHVIRAJ MOKASHI
(ROLL NO –704)
Title
Delimitation and Constitutional Provisions: A Comparative Study of Express and Implied
Powers
Introduction
Delimitation is the process of redrawing the boundaries of constituencies for electoral purposes
to ensure equitable representation of the population in legislative bodies. This process is
essential for the functioning of a democracy as it seeks to uphold the principle of political
equality, ensuring that each vote carries equal weight. In India, the concept of delimitation is
embedded in the constitutional framework and is closely tied to its democratic ideals. The
process is primarily governed by express constitutional provisions, such as Articles 82, 170,
330, and 332, along with various statutes like the Delimitation Act of 2002. However, implied
powers, judicial interpretations, and constitutional amendments have also played a critical role
in shaping the delimitation process.
Delimitation is not merely an administrative exercise but is deeply rooted in the constitutional
and political ethos of a country. While India follows a unique approach that combines express
constitutional provisions with implied powers, the practices in other federal democracies like
the United States and Canada offer valuable insights. For instance, the U.S. employs a
decentralized approach where state legislatures undertake redistricting, whereas Canada has an
independent commission model for electoral boundary review. These comparative perspectives
highlight how constitutional structures and principles influence the delimitation process
differently.
In India, the delimitation process is carried out periodically to account for population changes
based on census data. However, political and constitutional challenges often arise, such as
accusations of gerrymandering, regional imbalances, and debates over reserved constituencies
for marginalized groups. These challenges make it imperative to assess the legal framework
governing delimitation. The role of implied powers, often exercised by the judiciary through
its interpretations, becomes significant in resolving ambiguities and ensuring the
constitutionality of the process.
The interaction between express provisions and implied powers in the Indian Constitution,
especially in the context of delimitation, offers a rich area for legal and constitutional inquiry.
This study seeks to explore how express and implied powers work together to shape the
delimitation process and how judicial interpretations have influenced this dynamic.
Furthermore, it aims to undertake a comparative analysis of India’s delimitation framework
with those of the United States and Canada, identifying lessons that could enhance the Indian
system.
By delving into constitutional provisions, judicial interpretations, and comparative practices,
this research seeks to contribute to the field of comparative constitutional law. It aims to provide
a nuanced understanding of the delimitation process in India, focusing on its strengths,
challenges, and potential for reform in light of international best practices.
Literature Review
[Link]
Durga Das Basu, Introduction to the Constitution of India (26th edn, LexisNexis 2021):
Provides a foundational understanding of Indian constitutional provisions for delimitation,
particularly Articles 82 and 170.
M.P. Jain, Indian Constitutional Law (8th edn, LexisNexis 2018):
Discusses the judiciary’s role in interpreting and expanding the scope of express constitutional
provisions related to delimitation.
Akhil Reed Amar, America’s Constitution: A Biography (Random House 2005):
Examines the delimitation and apportionment clauses in the U.S. Constitution and their judicial
interpretations.
Peter Hogg, Constitutional Law of Canada (5th edn, Thomson Reuters 2007):
Explores Canada’s constitutional approach to electoral boundary delimitation and its federal
implications.
[Link] and Journals
S. Bhattacharya, “Judicial Interpretations of Delimitation in India” Indian Law Review
(2020) Vol. 2, pp. 145-172: Analyzes landmark judicial decisions like Kuldip Nayar v. Union
of India and their implications on India’s delimitation process.
P. Singhal, “Federalism and Representation: Delimitation in Comparative Perspective”
Comparative Constitutional Studies (2019) Vol. 3, pp. 112-137: Provides a comparative
analysis of delimitation practices in federal democracies like the U.S., Canada, and Australia.
[Link] and Reports
Election Commission of India, Delimitation Guidelines (2023). Available at:
[Link]
Official documentation on India’s delimitation process and recent updates.
Law Commission of India, Electoral Reforms Report (255th Report, 2015). Available at:
[Link]
Highlights the challenges of delimitation in India and recommendations for [Link]
Nations Development Programme, Electoral Processes and Boundary Delimitation (2019):A
global perspective on delimitation and its constitutional implications.
[Link] Papers
P.C. Jain, “Constitutional Amendments and Delimitation” (2018) Indian Journal of
Constitutional Law Vol. 5, pp. 89-104.
Examines the role of constitutional amendments such as the 42nd and 84th Amendments on
delimitation in India.
M. Wilson, “Judicial Federalism and Apportionment” (2021) Canadian Public Law
Review Vol. 14, pp. 55-78.
Explores the Canadian judiciary’s role in addressing challenges to delimitation under federal
principles.
Research Objectives
1. To examine the express constitutional provisions related to delimitation in India, the U.S.,
and Canada.
2. To explore the role of implied powers in the context of delimitation and their judicial
interpretations in India, the U.S., and Canada.
3. To analyze the interplay between constitutional amendments and the delimitation process in
India.
4. To identify lessons from the comparative study of delimitation frameworks that can enhance
the Indian system.
Research Questions
1. What are the express constitutional provisions governing delimitation in India, and how do
they compare with those in the U.S. and Canada?
2. How have implied powers and judicial interpretations shaped the delimitation process in
India, the U.S., and Canada?
3. How have constitutional amendments impacted the delimitation process in India?
4. What lessons can India learn from the comparative analysis of delimitation frameworks in
other federal democracies?
Research Methodology and Approach
Methodology: The research adopts a doctrinal approach, relying on primary sources like
constitutional texts, statutes, and judicial decisions, as well as secondary sources such as books,
articles, and reports.
Approach: A comparative method is used to evaluate the frameworks and practices of
delimitation in federal democracies, focusing on similarities and differences.
Significance of the Study
The study is significant as it addresses a key issue in comparative constitutional law: the
balance between express and implied powers in the governance of delimitation. It contributes
to academic discourse by highlighting how federal democracies interpret and implement
delimitation to ensure equitable representation while respecting federal principles.
Chapterization
1. Chapter 1: Introduction
Overview of delimitation and its importance in constitutional governance. Research objectives,
questions, and methodology.
2. Chapter 2: Constitutional Framework for Delimitation in India
Express provisions (Articles 82 and 170) and implied powers. Role of constitutional
amendments.
3. Chapter 3: Comparative Frameworks
Analysis of the delimitation process in the U.S. and Canada. Lessons for India.
4. Chapter 4: Judicial Role in Delimitation
Key cases and judicial interpretations in India, the U.S., and Canada.
5. Chapter 5: Challenges and Reforms
Challenges in India’s delimitation process. Comparative reforms and recommendations.
[Link] 6: Conclusion
Summary of findings and implications for comparative constitutional law.
