GS 2 – POLITY
Context
The Union Home Minister has assured that the proposed delimitation exercise will not result in a reduction of parliamentary seats in South Indian states, addressing concerns raised by the Tamil Nadu Chief Minister.
What is Delimitation?
Delimitation is the process of determining the number of seats and defining the boundaries of parliamentary and legislative assembly constituencies within each state. It ensures fair representation based on population size and also designates reserved seats for Scheduled Castes (SCs) and Scheduled Tribes (STs).
Who Conducts Delimitation?
- The Delimitation Commission is formed through an Act of Parliament and has absolute authority, meaning its decisions cannot be challenged in court.
- The Election Commission of India (ECI) assists in the process.
Composition of the Delimitation Commission
- Chairperson: A retired Supreme Court judge.
- Members:
- The Chief Election Commissioner (CEC) or a designated Election Commissioner.
- State Election Commissioners of the concerned states.
Constitutional Provisions Related to Delimitation
- Article 82: After each Census, Parliament enacts a Delimitation Act to redefine constituency boundaries.
- Article 170: Mandates division of states into territorial constituencies after every Census per the Delimitation Act.
- 42nd Amendment Act (1976): Froze the number of Lok Sabha seats per state based on the 1971 Census to encourage population control.
- 84th Amendment Act (2001): Allowed territorial adjustments based on the 1991 Census, without changing the number of seats.
- 87th Amendment Act (2003): Mandated delimitation based on the 2001 Census, while retaining the existing seat allocation.
History of Delimitation in India
- Conducted four times: 1952, 1963, 1973, and 2002.
- The first exercise (1950-51) was carried out by the President with assistance from the Election Commission.
- The last delimitation affecting state-wise seat distribution was in 1976, based on the 1971 Census.
Functions and Powers of the Delimitation Commission
- Redefining Constituency Boundaries: Adjusts electoral divisions to ensure fair representation based on population changes.
- Reservation of Seats: Identifies and allots seats for SC/ST candidates as per constitutional guidelines.
- Final Decision-Making Authority: Its decisions are legally binding and cannot be contested in court.
- Maintaining Electoral Equality: Aims for a balanced voter-to-representative ratio across all constituencies.
- Enhancing Voter Participation: Adjusts boundaries to reduce voter disparity and promote fair elections.
Mains Question
Delimitation in India has been a crucial process for ensuring fair representation in parliamentary and legislative assemblies. Discuss the constitutional provisions governing the delimitation exercise and its impact on electoral democracy. (250 words)