Before quota, delimitation: What is it, why is it needed

Subject :Polity

Section: Constitution

Introduction

The 128th Amendment Bill, 2023, passed by Lok Sabha, seeks 33% reservation for women in both Lok Sabha and state Assemblies.
Its implementation, contingent on the delimitation exercise, may face delays but will be overseen transparently by a dedicated commission.

What Does the Women’s Reservation Bill Say on the Implementation of the Quota?

The Bill activates after a delimitation exercise following the first Census post-law commencement.
This means the reservation’s implementation depends on two crucial processes:
- Delimitation, which redraws constituencies using recent population data
- The 2021 Census, forms the basis for delimitation
The 2021 Census will increase Parliamentary and Assembly constituencies, with 33% reserved for women in future elections.
Given the 2024 elections’ proximity, the earliest Lok Sabha’s women’s reservation might happen is in 2029, subject to timely Census, data publication, and delimitation completion.

Why is Delimitation Needed and How is it Carried Out?

Delimitation ensures equitable representation by redrawing Lok Sabha and Assembly constituency boundaries for equal voter influence.
It allocates Lok Sabha and state Assembly constituencies proportionally to state populations, maintaining fairness.
Additionally, it prevents gerrymandering, ensuring equitable seat division without political bias.
The Indian Constitution mandates delimitation after every Census through Article 82 and related articles (81, 170, 330, 332).
An independent delimitation commission conducts the exercise to avoid election delays, with unchallengeable decisions in court.

When Was the Last Delimitation Exercise Carried Out?

Since Independence, the Census has happened seven times, but delimitation only four times (1952, 1963, 1973, and 2002).
Notably, the 2002 exercise focused on boundary redraws, keeping Lok Sabha constituencies unchanged since 1976.
Constitutional amendments (42nd in 1976, 84th in 2001, and 87th in 2003) allowed delimitation deviations.
Currently, the next delimitation should follow the first post-2026 Census, 25 years after the 84th Amendment.
Normally, this would mean delimitation after the 2031 Census, but COVID-19 delayed the 2021 Census.
If the house-listing phase occurs next year, population enumeration can start in 2025, and with the result publication, delimitation could use the delayed 2021 Census.

What Makes Delimitation a Political Issue?

Delimitation changes total Parliamentary and Assembly seats.
Historical examples include Lok Sabha seats increasing from 489 to 494 after the 1951 Census, then to 522 after the 1961 Census, and finally to 543 after the 1971 Census.
In the 1970s, concerns arose regarding the 1971 Census-based delimitation.
It highlighted constitutional mandates allocating seats based on population ratios, potentially favoring states with lower population control efforts, resulting in more Lok Sabha seats.
In 1976, to address concerns, Indira Gandhi’s government introduced the 42nd Amendment, suspending seat boundary redraws and allocation until 2001, as part of promoting family planning.
The seat freeze was extended in 2001 by the NDA-I government via the Constitution (Eighty-Fourth Amendment) Act, 2002.

Delimitation Commission

The Delimitation Commission is a high-level body set up by an act of the Parliament (under Article 82 of the constitution)
It is appointed by the President.
It works in tandem with the Election Commission of India.
Delimitation Commission Members:
- A retired judge of the Supreme Court
- The Chief Election Commissioner
- State Election Commissioners (of the respective states)