Delimitation

Subject: Polity

Context:

A former legal advisor to the Election Commission (EC) has red-flagged the Centre’s order to set up a Delimitation Commission for Arunachal Pradesh, Manipur, Assam and Nagaland and called it “unconstitutional” and “illegal”.

Reasons

• In the last delimitation exercise, completed in 2008, Arunachal, Manipur, Assam, Nagaland were kept out due to apprehensions over use of the 2001 Census.
• The tribal communities in the four states feared that the delimitation exercise would change the composition of seats reserved for them, hurting their electoral interests. As violence erupted, the Delimitation Act of 2002 was amended to empower the President to postpone the exercise in these states.
• Subsequently, Parliament had decided that instead of creating another Delimitation Commission for the limited purpose of redrawing seat boundaries in the four northeastern states, the exercise there would be carried out by the EC.
• Section 8A of the RP Act 1950, introduced by Parliament in 2008, states that delimitation in the four northeastern states, when held, would fall within the EC’s remit. Hence, any delimitation exercise in Arunachal, Manipur, Assam and Nagaland by the new Delimitation Commission would be declared void by the courts.

Concept:

• Under Article 82 of the Constitution, the Parliament by law enacts a Delimitation Act after every census.
• The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India
• Composition:

• Retired Supreme Court judge
• Chief Election Commissioner
• Respective State Election Commissioners
• Functions:

• To determine the number and boundaries of constituencies to make population of all constituencies nearly equal.
• To identify seats reserved for Scheduled Castes and Scheduled Tribes, wherever their population is relatively large.
• In case of difference of opinion among members of the Commission, the opinion of the majority prevails.
• The Delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court.
• Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002under the Acts of 1952, 1962, 1972 and 2002.
• The present delimitation of constituencies has been done on the basis of 2001 census figures under the provisions of Delimitation Act, 2002.
• Notwithstanding the above, the Constitution of India was specifically amended in 2002 not to have delimitation of constituencies till the first census after 2026.