Why in News?
- Delimitation remains a major issue in discussions on representation, federalism and the proposed post-2026 delimitation exercise based on the first Census conducted after 2026.
Prelims Pointers
- Delimitation is the process of redrawing the boundaries of territorial constituencies for the Lok Sabha and State Legislative Assemblies based on changes in population.
- Objective: To ensure equal representation by maintaining, as far as practicable, an equal population in each constituency.
- Constitutional Provisions:
- Article 82: Parliament shall enact a Delimitation Act after every Census.
- Article 170: Provides for readjustment of Assembly constituencies after each Census.
- Article 327: Parliament has the power to make laws regarding elections.
- Delimitation Commission: Constituted by the Central Government under the Delimitation Commission Act.
- Composition:
- Retired Supreme Court Judge – Chairperson.
- Chief Election Commissioner (CEC) or nominee.
- State Election Commissioner of the concerned State.
- Nature of Commission:
- Independent and high-powered body.
- Orders have the force of law.
- Cannot be challenged in any court.
- Come into effect on publication in the Official Gazette.
- Delimitation Commissions have been constituted in:
- 1952
- 1963
- 1973
- 2002
- Last Delimitation Exercise: Based on the 2001 Census (implemented in 2008).
- 42nd Constitutional Amendment Act, 1976: Froze the allocation of Lok Sabha and State Assembly seats until the 2001 Census.
- 84th Constitutional Amendment Act, 2001: Extended the freeze on the total number of seats until the first Census after 2026, while permitting readjustment of constituency boundaries based on the 2001 Census without altering the number of seats.
- 87th Constitutional Amendment Act, 2003: Allowed using 2001 Census population figures instead of the 1991 Census.
- Next Delimitation: Expected after the first Census conducted after 2026, subject to parliamentary action.
UPSC Prelims Practice Question (English)
Q. With reference to Delimitation in India, consider the following statements:
- The Commission is constituted under an Act of Parliament.
- The orders of the Delimitation Commission have the force of law and cannot ordinarily be challenged in a court.
- The total number of Lok Sabha seats can presently be increased without any constitutional amendment.
Which of the statements given above is/are correct?
A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Answer: A
Explanation
- Statement 1: Correct. The Commission is constituted under the Delimitation Commission Act.
- Statement 2: Correct. Its orders have the force of law and are not subject to judicial challenge.
- Statement 3: Incorrect. The freeze on the total number of Lok Sabha seats continues until the first Census after 2026 under the 84th Constitutional Amendment Act, 2001.
