DELIMITATION OF CONSTITUENCIES
- The periodic readjustment of the Lok Sabha and Assembly constituencies is mandatory in a representative system.
- The electoral boundaries are drawn on the basis of the last published census figures and are relatively equal in population.
- The first Delimitation Commission in India was constituted in 1952, the second in 1962 and the third in year
- The third delimitation exercise — based on 1971 census – was completed in the year 1975.
- The present delimitation, based on 2001 census, has been undertaken after 30 years.
- The population has increased by almost 87% and the nature of constituencies in the country, by and large, had become
- The Government, as part of the National Population Policy strategy, decided to extend the current constitutional freeze on undertaking fresh delimitation up to the year 2026 as a motivational measure to enable state governments to fearlessly pursue the agenda for population stabilization.
- It has also been decided to simultaneously undertake readjustment and rationalization of electoral constituencies based on the population census for the year 1991, without affecting the number of seats allocated to states in the legislative bodies.
- The Constitution 84th Amendment Act, 2001 enacted in 2002 has affected the aforesaid policy decisions of the Government.
- The Delimitation Act, 2002 was enacted. The Delimitation Commission had accordingly been constituted in 2002 under the provisions of the Delimitation Act, 2002 with Shri Justice Kuldip Singh, a retired judge of the Supreme Court as its Chairperson and Shri BB. Tandon, Election Commissioner in the Election Commission of India and the State Election Commissioner as its ex officio members.
- The main task of the Commission was to readjust the division of territorial constituencies of the seats in the House of the People allocated to each state and the readjustment of the division of territorial constituencies of the total number of seats in the Legislative assembly of each state.
- Subsequent to that Constitution (87th Amendment) Act, 2003 was enacted and by that Act the basis of the delimitation of territorial constituencies was Changed based on the 2001 census in place of 1991.
- In India, the criteria for drawing of boundaries entails: (a) allocating seats to the states and districts within a state (b) creating a database composed of maps, population figures and the details showing geographic/natural/administrative conditions of the area concerned (c) associating the statutory representatives from the Lok Sabha and State Assemblies (d) distributing the states and districts into geographic units called the constituencies (e) having an extensive exercise for public input into delimitation process (f) summarizing and evaluating the constituencies and (g) passing and publishing the final order.
- The procedure for delimiting the constituencies in India stands clearly spelt out in the Delimitation Act, 2002.
- This legal framework provides for an independent and impartial Delimitation Commission. The final orders of the Commission are not subject to any modification or veto by the Government.
- After getting finality of the delimitation exercise, in pursuance of the second provision to Article 82 and second proviso to clause (3) of Article 170 of the Constitution, a Presidential Order dated 19.02.2008 was issued making new delimitation effective throughout the country.
- However, Section 10(B) of the Delimitation Act, 2002 deferred the legal effect of the 2007 delimitation order in relation to the state of
