With southern states raising concern and opposition against delimitation, it is incumbent that the centre talk with all stakeholders and arrive at a consensus so that there is a level playing field
By Sanjay Raman Sinha
The new parliament seating capacity had given an indication of things to come. The Lok Sabha hall has 888 seats, while the nation currently has only 543 constituencies. The empty seats will be filled up by members from new constituencies which will be created after delimitation.
Two major electoral reforms are on the cards: delimitation and One Nation, One Election. Work on delimitation has already begun and southern states are already huddling together to oppose it.
In protest, the Tamil Nadu government has brought in and unanimously passed two resolutions in the assembly opposing the impending delimitation of constituencies in 2026 and the centre’s move for “One Nation One Election”. The resolution termed the move as anti-democratic and unconstitutional.
This is because as delimitation rejigs constituency boundaries, states with less population will suffer in the Lok Sabha representation as compared to states with high populations. Southern states which have performed well on population control and other social indices are up in arms against the current delimitation move. Bharat Rashtra Samithi (BRS), one of the main parties in Telangana, has taken a lead to call on all political parties of southern states to join hands against the delimitation process. The argument is that southern states comprise 18% of the country’s population and contribute 35% of the GDP. Delimitation would put these states into a serious political disadvantage.
Krishank Manne, spokesperson, BRS, told India Legal: “Definitely the move looks one sided as it didn’t take people of the state into consideration. Finances are divided and we are getting less share. The same thing is happening in the number of seats we are supposed to get in delimitation. Earlier also, it was done irrationally. There are a number of densely populated constituencies in the state, and we were expecting that the number of constituencies would increase. Even if the population is taken into consideration, I don’t think it is right. The centre should call an all party meeting, take views and opinions from all the stakeholders and arrive at a consensus. Today, we may not be in the ruling side, but we are the prime Opposition of the state and should be consulted. We had opposed the move even when we were in power.”
The delimitation process has significant political implications as it directly impacts the distribution of seats among different states and Union Territories. Political parties are closely monitoring the exercise, as it can impact their electoral prospects by altering the demographic composition of constituencies. The realignment of boundaries can create new political dynamics, influencing the balance of power and party dominance.
The delimitation process in India is a complex interplay of legal, political and constitutional factors. It serves as a crucial mechanism to ensure that electoral representation remains in sync with the changing demographic landscape of the country.
Assam’s delimitation exercise is complete. No new parliamentary or assembly constituencies have been added in the existing Lok Sabha seats. The assembly seats and one Lok Sabha seat were either renamed or redrawn. The state now has four additional SC and ST assembly seats and one additional reserved Lok Sabha seat. The number of assembly seats has been retained at 126 and Lok Sabha seats at 14.
In J&K, delimitation for assembly seats was completed in May 2023. The assembly is to have 90 seats from the earlier 83. Six seats were added to Jammu and one to Kashmir, taking the total tally to 90. Six of the seven new seats went to Jammu, the Hindu-dominated region of the erstwhile state.
Though the government has plans for delimitation in Arunachal Pradesh and Nagaland, ethnic conflicts have stalled process. Work on other states is to follow.
Shankargouda Patil, former special representative (cabinet rank) of erstwhile Karnataka BJP government and advisor to then chief minister, told India Legal: “Delimitation has to happen for the betterment of the nation. The resolution is a political gimmick. This is not the view of people, but that of MLAs. The people want delimitation and the sanctity of the Constitution. The people of South India are not feeling discriminated. On the basis of seats, the voting pattern should be proportionate. Take the case of a small state like Goa where assembly voting pattern per assembly seat is 40,000; in the slightly bigger state of Karnataka, this is two lakh. This is the same in Delhi. Take the example of Belgaum; the parliamentary constituency has eight assembly constituencies, which means 16 lakh voters. Voting pattern should be according to Vidhan Sabha constituency population and so should be the number of seats. This way the inequality associated with population will be eliminated, and southern states will get a fair deal.”
Delimitation is the process of fixing limits or boundaries to political constituencies. The process is carried out by a president-appointed body called the Delimitation Commission, which works in close collaboration with the Election Commission of India. The Delimitation Commission Act was enacted in 1952. The Commission’s orders have the force of law and cannot be challenged in any court. As it comes under Article 329, it can’t be subject to judicial review.
Delimitation Commissions have been constituted four times—in 1952 (under the Delimitation Commission Act, 1952), in 1963 (under the Delimitation Commission Act, 1962), in 1973 (under the Delimitation Act, 1972) and in 2002 (under the Delimitation Act, 2002).
In 1973, the Delimitation Commission had raised the maximum Lok Sabha seats to 545. This was done to adjust for population growth and the formation of new states. Since then, the number of members has remained unchanged. With the total number of Lok Sabha seats fixed for almost 50 years, there are now varying differences between states on the average number of electors represented by each MP. This has created concern among opposition parties.
The delimitation exercise has a chequered history with political intentions casting a shadow on the process. In 1976, Indira Gandhi brought in the 42nd Amendment and froze the number of Lok Sabha seats and postponed delimitation for 25 years until the 2001 Census under Article 82. Her government argued that it didn’t want to penalise the states performing well on family planning policies. This psychosis is again haunting the southern states. Can there be a technical solution to the problem?
Former Director General of National Sample Survey Sunil Sinha told India Legal: “In addition to population numbers, levels of fertility and infant mortality rate should be added as positive indicators in the delimitation process, otherwise states with less population will, no doubt, lose their seats. Fiscal stability may also be taken into account. The only way to allay the concerns of southern states is to add more performance-based parameters and rather than decide only on the basis of population.”
Over the years, as successive governments ducked the delimitation exercise, the population burgeoned. In 2002, the 84th Amendment delimitation was delayed once again by the Vajpayee-led BJP government for another 25 years. The 2001 Census formed the basis of constituency boundary change which was done to account for population changes. However, the total number of Lok Sabha seats and the number of seats allotted to each state remained unchanged. The Amendment froze the allocation of seats in Article 82 until “the relevant figures for the first Census taken after the year 2026 have been published”.
Article 82 states: “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…” The Article includes the following conditions:
“Provided also that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to read just
(i) the allocation of seats in the House of the People to the States as readjusted on the basis of the 1971 census; and
(ii) the division of each State into territorial constituencies as may be readjusted on the basis of the 2001 census, under this article.”
One of the key challenges in the delimitation process is striking a balance between ensuring proportional representation and addressing historical or geographical considerations.
The Constitution of India provides the foundation for the delimitation process. Article 82 and Article 170 mandate the readjustment of representation in the Lok Sabha and state legislative assemblies, respectively, following each Census.
These Articles emphasise the principle of one person, one vote, seeking to align political representation with demographic realities. Though delimitation has taken place four times, the 2021 Census is yet to happen. With provision for data from the latest Census to form the basis for seat adjustment and delimitation, a go-slow in Census operations is a question mark on the government.
“It is indeed unfortunate that the present government is not serious about undertaking census enumeration; if National Sample Surveys are being done, why is the Ministry of Home Affairs not serious about the Census?” asked Sinha.
While the delimitation process is designed to be a neutral and systematic exercise, it is not immune to challenges and controversies. The identification of constituencies based on population can sometimes lead to disputes, especially when political considerations clash with demographic data. Politically, it would also mean that asymmetrical formations would make a party win a majority in the general elections by winning seats in northern states. This can lead to under representation and fuel political dominance and consequent disconnect, cleaving the North-South divide further.
The next delimitation is to happen in 2026. Reservation for women will become a reality only after the next Census and delimitation process. The increased number of seats will, by all account, offset any seat appropriation by women and leave the male domain safe and sound.
Ultimately, the successful execution of the delimitation process is vital for sustaining the democratic fabric of the world’s largest democracy.