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UPSC Polity Notes

Delimitation
Commission

Delimitation Commission for UPSC Exams

Delimitation is the process of redrawing the boundaries of an assembly or Lok Sabha constituency to
reflect changes in a region's population.
• Under Article 82 of the Constitution, the Parliament passes a Delimitation Act, and the President
of India appoints an independent high-powered panel known as the Delimitation Commission to
carry out the task.
• The Delimitation Commission is a high-level authority whose orders have legal effect and cannot
be challenged in court.
In this article, we will understand the composition and functioning of the Delimitation Commission. All
these dimensions are important for competitive examinations like IAS,IPS,IFS etc. Considering this, the
Testbook provides the best quality notes for UPSC Exams. Study major topics of Indian Polity from the
perspective of UPSC Exams.

What is Delimitation?
• Delimitation is defined as the act or process of establishing the limits or borders of geographical
constituencies in a country or province with a legislative body.
• It includes redrawing of boundaries of an assembly or Lok Sabha constituency. It is carried out to
reflect population changes in a state, Union Territory, or on a nationwide scale.
• Delimitation is also in charge of allocating a set number of seats in a state legislature or the Lok
Sabha to members of the Scheduled Caste and Scheduled Tribe communities.

What do you Understand by Delimitation Commission?

• Delimitation is defined as the act or process of establishing the limits or borders of geographical
constituencies in a country or province with a legislative body.
• It includes redistricting an assembly or Lok Sabha constituency. It is carried out to reflect
population changes in a state, Union Territory, or on a nationwide scale.
• Delimitation is also in charge of allocating a set number of seats in a state legislature or the Lok
Sabha to members of the Scheduled Caste and Scheduled Tribe communities.
• The Delimitation Commission is a group with legislative backing that operates independently of
the government and political parties.
• A high-power body is tasked with delimitation. A Delimitation Commission or a Boundary
Commission is one such entity.
• The Delimitation Commission is led by a former Supreme Court judge and includes members
from the Electoral Commission of India and state election commissions.
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• To date, four Delimitation Commissions have been established at the national level to delineate
new constituency borders and recommend the number of seats.

Study Important Articles of the Constitution of India here.

Composition of the Delimitation Commission

• The commission is made up of a chairman, the chief election commissioner or any of the two
election commissioners, and the election commissioner of the state where the election is taking
place.
• In addition, the commission has five MPs and five MLAs from the state as associate members.
• Because the commission is a transitory entity with no full-time personnel.
• The lengthy process is carried out by EC workers.
• New borders are drawn once census data is obtained for each district, tehsil, and gramme
panchayat. It's possible that the procedure will take up to five years.
• The Delimitation Commission, a high-powered organisation, is formed to carry out the process of
demarcating constituency boundaries.
• This commission's orders are legally binding and cannot be challenged in a court of law. Even
Parliament cannot make changes to an order issued by the commission.

What is Constitutional Obligation behind the Delimitation Commission?

• After every Census, Parliament passes a Delimitation Act under Article 82.
• Every Census, under Article 170, states are split into territorial constituencies based on the
Delimitation Act.
• The Union government appoints a Delimitation Commission when the Act takes effect.
• In 1950-51, the President (with assistance from the Election Commission) conducted the first
delimitation exercise.
• In 1952, Congress adopted the Delimitation Commission Act.

Check the Other Notes of Polity for Competitive Exams here.

Delimitation Commission in India for UPSC

• Delimitation Commissions have been established four times in India. In 1952, 1963, 1972, and
2002, the Delimitation Commissions were established.
• Since 1972, the number of Lok Sabha seats has not been changed. When the 2001 Census was
used as the foundation for readjusting the boundaries of existing Lok Sabha and assembly seats,
the final delimitation procedure was completed in 2008. It was fixed at 543 until 2026 in 2002.
• In India, the Delimitation Commission is a high-level organisation whose rulings have the force of
law and cannot be challenged in court.
• These orders will take effect on a date to be determined by the President of India. Copies of its
orders are presented before the House of the People and the State Legislative Assembly
concerned, but no changes are permitted.

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How is delimitation done?

• The process of delimitation is bureaucratic. After every ten years, Parliament enacts a Delimitation
Act, according to Article 82 of the Constitution.
• After that, the Union government appoints a Delimitation Commission, which is chaired by a
former Supreme Court judge.
• The commission looks at demographic data, current constituencies, and the number of seats to
be analysed, meets with all stakeholders, and then makes a proposal to the government.
• Feedback has been received, reviewed, and if necessary, adjustments have been made to the
final report, which is published in the Indian Gazette and state gazettes.
• The Delimitation Commission's final order takes effect on the date it is communicated to the
President. This will serve as the foundation for all future elections until the next delimitation.
• The draught report of the Delimitation Commission is published in the Gazette of India, the official
gazettes of the respective states, and at least two vernacular newspapers in order to solicit public
comment.

Attempt the Multiple Choice Questions on Indian Polity here!

Delimitation Commission for Jammu and Kashmir

• The division of the state of Jammu and Kashmir into the Union Territories of J&K and Ladakh has
necessitated electoral seat delimitation. Jammu and Kashmir's delimitation commission is a hot
issue in the news right now.
• On March 6, 2020, this Committee was formed to oversee the process in Jammu and Kashmir
following the expiration of its special status.
• This panel is chaired by Justice (retired) Ranjana Prakash Desai and includes an election
commissioner, a state election commissioner, and five J&K associate members.
• The invitation extended to 14 Jammu and Kashmir political leaders to meet Prime Minister
Narendra Modi in New Delhi on Thursday, June 24, has reignited speculation about when the
Union Territory's Assembly elections will be held, with a discussion on the delimitation exercise
expected to take place during the meeting.
• The Committee is entrusted with delimiting the Union Territory's constituencies in accordance with
the provisions of Part V of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) and
the Delimitation Act, 2002.

Delimitation Commission in the North Eastern States

• According to the terms of the Delimitation Act, 2002, a similar exercise was intended to be carried
out in Assam, Arunachal Pradesh, Manipur, and Nagaland in 2020.
• After a 12-year suspension, which was imposed in 2008 when the state's situation was deemed
unfavourable due to a substantial threat to peace and public order, the delimitation process in
Assam was set to begin.
• According to recent reports, the administration has scaled back its intentions for a delimitation
operation in the North-Eastern regions.

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Problems with Delimitation

• States that are unconcerned about population management may find themselves with a larger
number of members in Parliament. The southern states that advocated for family planning risked
having their seats cut.
• Delimitation was carried out in 2008 based on the 2001 census, however the overall number of
seats in the Assemblies and Parliament determined by the 1971 Census remained unchanged.
• The constitution also restricted the amount of Lok Sabha and Rajya Sabha seats to a maximum
of 550 and 250, respectively, and growing populations are represented by a single lawmaker.
• States that are worried about population management may end up having more MPs. Southern
states that supported family planning risked losing their seats.

Way Forward
• Before 2026, a national consensus process should be initiated to resolve challenges.
• The weighting provided to the population by the Finance Commission might be decreased to 10%
or even 5%.
• Although the restriction on the number of seats in the Lok Sabha and Assemblies should have
been lifted after the 2001 Census, it was postponed until 2026 due to another legislation.
• This was justified on the grounds that by 2026, the country will have reached a consistent
population growth rate.

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