Delimitation Commission: Constitutional Aspects, Amendments, Key Aspects, Challenges & UPSC Prelims Relevance

Delimitation is a cornerstone of representative democracy, ensuring fair distribution of political representation based on population. It involves adjusting the boundaries of electoral constituencies for the House of the People (Lok Sabha) and State Legislative Assemblies. In India, this complex task is undertaken by a high-powered body known as the Delimitation Commission, whose work has significant constitutional and political implications. The ongoing discussions around the potential future delimitation exercise post-2026 highlight the importance of understanding its underlying principles and challenges.

Constitutional Aspect

The constitutional framework for delimitation in India is primarily defined by the following articles:

• Article 81: This article outlines the composition of the Lok Sabha and mandates that the allocation of seats among States and the division of each State into territorial constituencies shall be done in a manner that the ratio between the number of seats and the population is, as far as practicable, uniform throughout the country.
• Article 82: Following the completion of each census, this article requires the readjustment of the allocation of seats in the Lok Sabha to the States and the division of each State into territorial constituencies. This readjustment is to be carried out by an authority and in a manner determined by Parliament through law, leading to the enactment of Delimitation Acts.
• Article 170: Similar to Article 82 but applicable to State Legislative Assemblies. It mandates that the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted after every census by an authority and method determined by Parliament.
• Articles 330 and 332: These articles provide for the reservation of seats for Scheduled Castes (SC) and Scheduled Tribes (ST) in the Lok Sabha and State Legislative Assemblies, respectively. The Delimitation Commission identifies and allocates these reserved seats based on the demographic profile of constituencies.

Constitutional Amendments Impacting Delimitation

Recognizing the uneven population growth across states and its potential impact on representation, constitutional amendments have been enacted to freeze the delimitation process periodically:

• 84th Constitutional Amendment Act, 2001: This significant amendment extended the freeze on the allocation of seats in the Lok Sabha and State Assemblies, and their division into territorial constituencies, based on the 1971 census population figures. The freeze was specifically extended until the first census to be taken after the year 2026. The rationale was to avoid penalizing states that had effectively implemented population control measures by reducing their legislative representation.
• 87th Constitutional Amendment Act, 2003: This amendment allowed the Delimitation Commission to carry out the delimitation of constituencies (i.e., redrawing boundaries) and readjust the reservation of seats for SCs and STs based on the 2001 census population data. However, it explicitly stipulated that this exercise would be done without altering the total number of seats allocated to each state in the Lok Sabha and State Assemblies, which remained frozen based on the 1971 census.

Key Aspects of the Delimitation Commission

The Delimitation Commission operates as an independent body with significant authority:

• Establishment: It is constituted by the Central Government under the provisions of a Delimitation Commission Act enacted by Parliament after every census. It is not a permanent body.
• Composition: The Commission typically comprises a retired Judge of the Supreme Court as the Chairperson, the Chief Election Commissioner (or a nominee), and the respective State Election Commissioner as ex-officio members.
• Mandate: Its core function is to determine the number and boundaries of territorial constituencies in each state/Union Territory for Lok Sabha and Assembly elections, ensuring that the population of all constituencies in a state is nearly equal. It also identifies the constituencies to be reserved for SCs and STs based on population.
• Powers: The orders issued by the Delimitation Commission are final and cannot be questioned in any court of law. This judicial immunity is intended to prevent delays in the electoral process. The Commission’s orders come into force on a date specified by the President of India.
• Basis of Work: The delimitation process is carried out based on the population data from the most recent census.
• Commissions Constituted: Delimitation Commissions have been formally set up in India in 1952, 1963, 1973, and 2002 . An initial delimitation exercise post-independence was also conducted by the President with the assistance of the Election Commission during 1950-51.

Challenges Associated with Delimitation

Despite its importance, the delimitation process in India is fraught with challenges, particularly concerning equity and political representation:

• Population Disparities vs. Political Representation: The most significant challenge arises from the varying rates of population growth among states. States that have successfully implemented population control policies face the risk of having their representation in Parliament reduced in favor of states with higher population growth, should delimitation be based purely on the latest census data. This poses a potential disincentive for states to control population growth.
• Political Sensitivity: Redrawing constituency boundaries is an intensely political exercise. It can alter the demographic and electoral profile of constituencies, potentially impacting the fortunes of political parties and individual candidates, leading to political contestation and disputes.
• Impact of Post-2026 Delimitation: The freeze on seat allocation based on the 1971 census is set to expire after 2026. The subsequent delimitation, likely based on the 2031 census, is anticipated to cause a substantial shift in the balance of power in Parliament, with states that have experienced higher population growth gaining significantly more seats. This could lead to friction between states and raise complex questions about federal representation and resource distribution.
• Balancing Factors: While population is the primary criterion, the Commission must also consider geographical features, administrative boundaries, connectivity, and public convenience while drawing constituency lines, adding complexity to the process.

Prelims Relevant Facts

Candidates preparing for the Civil Services Prelims examination should focus on the following key facts regarding the Delimitation Commission:

• Constitutional Basis: Articles 82 and 170mandate delimitation after every census. Articles 81 , 330 , and 332  are also relevant to seat allocation and reservation.
• Key Amendments: The 84th Amendment Act, 2001 (Summary) froze seat allocation based on the 1971 census until after 2026. The 87th Amendment Act, 2003  permitted delimitation of constituencies based on the 2001 census population but without changing the total number of seats as per the 1971 census.
• Nature of Body: The Delimitation Commission is a statutory body (Summary), constituted by an Act of Parliament (Delimitation Commission Act).
• Judicial Scrutiny: The orders of the Delimitation Commission have the force of law and cannot be challenged in any court Article 329  is generally cited in relation to barring courts from interfering in electoral matters after the notification is issued).
• Frequency: Constitutionally required after every census, but the process has been frozen multiple times  (previously until 2000, now extended until post-2026).
• Basis of Work: The Commission primarily uses the latest official census data for its calculations.
• Past Commissions: Commissions were set up in 1952, 1963, 1973, and 2002 .
• Next Major Impact: The next delimitation that will alter the number of seats per state in Lok Sabha and Assemblies is scheduled to be based on the first census conducted after 2026 .