Delimitation Explained: The process, the politics, and the controversy in 5 crucial points

On March 5, most political parties across Tamil Nadu came together for an all-party meeting called by Chief Minister MK Stalin to oppose the delimitation of Parliamentary constituencies due in 2026. The assembly election is also due in Tamil Nadu in 2026.

In a six-point resolution, the parties asked the Centre to extend the 1971 Census-based delimitation framework for another 30 years beyond 2026, to ensure a “fair representation” for states that have effectively controlled their population.

Last week, Union Home Minister Amit Shah assured southern states that they wouldn’t lose “even a single seat” after the fresh delimitation of constituencies. Karnataka Chief Minister Siddaramaiah, however, reacted and said that Shah’s remarks on the contentious were “not trustworthy.”

Siddaramaiah, in fact, accused the Bharatiya Janata Party (BJP) of using delimitation as a weapon to “silence” the southern states. The proposed delimitation has become a bone of contention between some states in the south and the Centre.

What is delimitation? According to the Election Commission of India, ‘delimitation’ is the process of drawing boundaries of constituencies. It is carried out based on the revised population data from the most recent census. The delimitation is a constitutional mandate to ensure fair and representative electoral framework and the equitable representation of citizens in elected bodies.

What does the Constitution say about delimitation?

The number of seats in Parliament and state assemblies is determined by the population figures. The idea is to make sure that the number of people represented by a member of parliament (MP) or a member of legislative assembly (MLA) remains the same. This is in accordance with the principle of ‘one citizen, one vote, one value’ as laid down under Article 81 of Constitution of India.

The number of seats of the houses (parliament and assembly) have to be readjusted after each census, says the Constitution. “Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine,” reads the Article 82 of the Constitution.

Besides these two, Article 170(3) of the Constitution reads: “Upon the completion of each census, the total number of seats in the Legislative Assembly of each state and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine.”

When has delimitation happened before?

A Census of India was done in 1951 following which the first delimitation commission was constituted through the Delimitation Commission Act of 1952. The brief of the commission was to draw the boundaries of Lok Sabha and state Assembly constituencies. Since then these boundaries have been redrawn three times, in 1962, 1972, and 2002, by the delimitation commission set up set up under the Delimitation Commission Acts.

In the most recent exercise, some constituency boundaries were redrawn on the basis of the 2001 Census. But the number of Lok Sabha seats, the allocation of Lok Sabha seats for each state, and the number of seats in state Assemblies, has not changed since the delimitation of 1972.

The number of Lok Sabha seats was fixed 494 After 1951 census, while the number was raised to 522 Lok Sabha seats after 1961 census. But since 1971, the number of Lok Sabha seats has remained fixed at 543. This number translates to about 10 lakh people represented by a member of parliament.

What is the role of Indira Gandhi and Atal Bihari Vajpayee?

During the Emergency (June 25 1975 – March 21, 1977) the Congress government headed by Prime Minister Indira Gandhi passed the 42nd amendment, officially known as The Constitution (Forty-second amendment) Act, 1976. This meant that the 1971 census was used as the reference point until the first census after 2000. It basically froze the number of Lok Sabha seats until after the first Census taken after 2000.

In 2002, Prime Minister Atal Bihari Vajpayee-led National Democratic Alliance (NDA) government extended the freeze for next 25 years until at least 2026. It is this freeze on the number of Lok Sabha seats that Tamil Nadu Chief Minister MK Stalin is urging the Centre to extend for another 30 years.

“It is entirely unjust to reduce the parliamentary representation of Tamil Nadu and the southern states solely because they have effectively implemented population control measures in the interest of the nation. In this regard, in order to encourage all states to adopt population control measures, the then-Prime Minister in the year 2000 assured that parliamentary constituencies would continue to be determined based on the 1971 population figures. In line with this assurance, the Honorable Prime Minister must now reaffirm in Parliament that this delimitation framework will be extended for another 30 years,” read one of the six resolutions passed in the all-party meeting convened by Stalin on March 6.

How does the delimitation process work?

To begin with, the President appoints a Delimitation Commission headed by a retired judge of the Supreme Court. The panel also has the Chief Election Commissioner or his representative, and the State Election Commissioners on board.

Also, associate members are appointed for each state or Union Territory where delimitation has to take place. These members are usually member of parliament (MPs) appointed by the Speaker of Lok Sabha and members of legislative assemblies appointed by the Speaker of the each Legislative Assembly.

The Commission functions independently. The revised boundaries drawn by it cannot be challenged in the courts.

Once the exercise is completed, the Delimitation Commission releases its recommendations and invites feedback from the general public, political parties, and other stakeholders. Once published in the official Gazette, the Commission’s orders take effect in the next election.

What are the states in the South worried?

The delimitation exercise is completed based on the census data. The 2021 Census, which was delayed by the COVID-19 pandemic, is expected to begin this year. The census is expected to be followed by the delimitation of constituencies.

The concern among the states in the South is that due to the better economy than northern counterparts, population growth in Southern stateshas been lower than in the North. Thus, when delimitation is done based on population (Census data), northern states will get more seats in Parliament compared to the South. This would mean a reduced political significance for these states.

Regional parties from the South feel that delimitation based on population could skew elections in favour of parties, such as the BJP with a base in the North.

The BJP has been dominating the states in the north for some time now. Of the 99 seats in Parliament, the Congress has a better presence in the south than in the north. The Congress has 53 seats in Karnataka, Maharashtra, Kerala, Telangana, and Tamil Nadu.

“Given the comparatively faster rate of population growth in north India, seat allocations based on current population levels would cause states such as Tamil Nadu, Andhra Pradesh, and Kerala to lose Lok Sabha seats, while Uttar Pradesh, Bihar, Rajasthan, and Madhya Pradesh could gain seats,” Chennai-based data analyst, Nilakantan RS told LiveMint recently.