Delimitation: Issues, Legal and Constitutional Basis for Delimitation

Context: There has been a renewed debate about delimitation after the issue was raised by the Chief Minister of Tamil Nadu.

What is Delimitation?

• Delimitation is the process of redrawing boundaries of Parliamentary and Assembly constituencies to ensure equal representation based on population changes.
• It also involves fixing the number of seats allocated to each state in the Lok Sabha and State Assemblies.
• The process is carried out by an independent body called the Delimitation Commission.

Importance of Delimitation

• Ensures Equal Representation: Each constituency should have roughly the same population size to ensure fair voting power.
• Reflects Population Growth Trends: Helps in adjusting representation as populations increase or decrease over time.
• Prevents Political Imbalance: Without delimitation, some areas may have more MPs per voter, leading to under-representation

Delimitation Commission: Composition and Powers

• It is a temporary body set up by the Government of India whenever delimitation is required.
• Delimitation Commission’s orders are laid before the Lok Sabha and the legislative assemblies concerned, but they cannot affect any modifications in the orders. (UPSC Prelims 2012).

Composition

• A retired/working Supreme Court judge (Chairperson)
• Chief Election Commissioner
• State Election Commissioners of the concerned states

Powers and Functions

• Redraws constituency boundaries based on the latest Census data.
• Allocates seats fairly among states and constituencies.
• Consult political parties and stakeholders before finalizing boundaries.
• Decisions cannot be challenged in court (Article 329).

Issues with Delimitation

• Uneven Population Growth: Northern states like UP, Bihar, MP, and Rajasthan have seen higher population growth compared to southern and smaller northern states, leading to potential disparities in seat allocation.
• Disproportionate Representation: If seats are redistributed based on projected population, Southern states and smaller Northern states may lose their relative share in Parliament, reducing their political influence.
• Threat to Federalism: A decline in proportional representation for some states could undermine the federal structure and create regional imbalances.
• Uncertainty in Seat Distribution Formula: Lack of clarity on whether seat allocation will be based on existing share or projected population raises concerns about fairness in representation.
• Political Discontent: States that have successfully controlled their population may feel penalized for their efforts, leading to dissatisfaction and political friction.

Solutions for Balanced Delimitation

• Capping Lok Sabha Seats at 543: Keeping the number of MPs fixed, as done in the U.S., would maintain the status quo in state-wise representation and uphold the federal principle.
• Increasing State Assembly Seats: To address democratic representation needs, the number of MLAs in State Legislative Assemblies can be increased based on population growth.
• Weighted Representation Model: A formula ensuring fair weightage for states with lower population growth can be considered to maintain regional balance.
• Incentivizing Population Control: States that have effectively managed their population growth should not be disadvantaged in seat allocation; a mechanism to reward them should be explored.
• Consensus-Based Decision: Engaging political leaders across regions to reach a balanced and widely acceptable solution can help prevent regional tensions.
• Parliamentary Debate & Review: A thorough discussion in Parliament, considering both numerical representation and federal equity, is essential before finalizing the new seat distribution.

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