Delimitation Commission

2020 MAR 2

Preliminary   > Polity   >   Institutions/Bodies   >   Elections

In News:

  • The government on Friday cancelled its earlier notifications which deferred delimitation in Assam, Nagaland, Manipur and Arunachal Pradesh due to security issues, saying the exercise could be carried out "now" as the previous circumstances cease to exist.
  • The ''order'' issued by the Legislative Department of the Law Ministry said "it appears that the circumstances that led to the deferring of the delimitation exercise" in Assam, Manipur, Arunachal Pradesh and Nagaland "have ceased to exist and that the delimitation of the constituencies as envisaged under the Delimitation Act, 2002 could be carried out now".

About Delimitation

  • Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country to represent changes in population.
  • It is to provide equal representation to equal segments of a population and thereby uphold the principle of “One Vote One Value”.
  • Under Article 82, the Parliament 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.
  • 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.
  • Under Article 170, States also get divided into territorial constituencies as per Delimitation Act after every Census.
  • Once the Act is in force, the Union government sets up a Delimitation Commission.
  • The first delimitation exercise was carried out by the President (with the help of the Election Commission) in 1950-51.
  • The Delimitation Commission Act was enacted in 1952.
  • Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.
  • There was no delimitation after the 1981 and 1991 Censuses.

Delimitation Commission

  • The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India.
  • Composition:

               1. Retired Supreme Court judge

               2. Chief Election Commissioner

               3. Respective State Election Commissioners

  • Functions:

               1. To determine the number and boundaries of constituencies to make population of all constituencies nearly equal.

               2. To identify seats reserved for Scheduled Castes and Scheduled Tribes, wherever their population is relatively large.

               3. In case of difference of opinion among members of the Commission, the opinion of the majority prevails.

              4. 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.

Current Position of Delimitation

  • In the 2009 General elections, 499 out of total 543 Parliamentary constituencies were newly delimited constituencies.
  • This affected the National Capital Region of Delhi, The Union territory of Puducherry and all other states except J&K, Arunachal Pradesh,Assam,Jharkhand,Manipur and Nagaland.

Problems with Delimitation

  • States that take little interest in population control could end up with a greater number of seats in Parliament. The southern states that promoted family planning faced the possibility of having their seats reduced.
  • In 2008, Delimitation was done based on the 2001 census, but the total number of seats in the Assemblies and Parliament decided as per the 1971 Census was not changed.
  • The constitution has also capped the number of Lok Shaba & Rajya Sabha seats to a maximum of 550 & 250 respectively and increasing populations are being represented by a single representative.

PRELIMS QUESTION:

Q. Consider the following statements regarding Delimitation Commission of India:

1. Article 82 of the Indian Constitution empowers the Parliament to enact a Delimitation Act after every census.

2. The orders of the Delimitation Commission cannot be questioned before any court or modified by the legislatures.

Which of the statements given above is/are correct?

a)1 only

b)2 only

c)Both 1 and 2

d)Neither 1 nor 2

Answer to Prelims question

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