38. Definitions.―In this Part, unless the context otherwise requires,―
(a) “associate member” means a member associated with the Delimitation Commission under
section 42 2
[or with the Election Commission 3
[under section 43A or section 43C]];
(b) “Delimitation Commission” means the Delimitation Commission constituted under section 3
of 4
[the Delimitation Act, 2002 (33 of 2002)];
5
[(bb) “Election Commission” means the Election Commission appointed by the President under
article 324;]
(c) “latest census figures” mean the census figures in 1
[the Union territory] ascertained at the
latest census of which the finally published figures are available;
(d) “parliamentary constituency” means a constituency provided by law for the purpose of
elections to the House of the People from 1
[the Union territory] including the Union territory of Delhi.
39. Assembly constituencies.―For the purpose of elections to the Legislative Assembly of 1
[the
Union territory], the Union territory shall be divided into single-member assembly constituencies in
accordance with the provisions of this Part in such manner that the population of each of the
constituencies shall, so far as practicable, be the same throughout the Union territory.
40. Representation of Pondicherry in the House of the People.―There shall be allotted one seat to
the Union territory of Pondicherry in the House of the People and that Union territory shall form one
parliamentary constituency.
41. Duties of Delimitation Commission.―(1) It shall be the duty of the Delimitation Commission—
(a) to delimit the assembly constituencies in each Union territory, and
(b) to determine, on the basis of the latest census figures, the number of seats to be reserved for
the scheduled castes and for the scheduled tribes in the Legislative Assembly of 1
[the Union territory]
1. Subs. by Act 18 of 1987, s. 65, for “a Union territory” (w.e.f. 30-5-1987).
2. Ins. by Act 83 of 1971, s. 9 (w.e.f. 16-2-1972).
3. Subs. by Act 29 of 1975, s. 7, for “under section 43A” (w.e.f. 15-8-1975).
4. Subs. by Act 19 of 2005, s. 2, for “the Delimitation Commission Act, 1962 (61 of 1962)” (w.e.f. 21-5-2005).
5. Ins. by Act 83 of 1971, s. 9 (w.e.f. 16-2-1972).
19
other than the Union territory of Goa, Daman and Diu, and the constituencies in which these seats
shall be so reserved.
(2) It shall also be the duty of the Delimitation Commission—
(a) to readjust, on the basis of the latest census figures, the division of each of the Union
territories of Delhi, Himachal Pradesh, Manipur and Tripura into parliamentary constituencies, 1
[the
number being 7, 4, 2 and 2];
(b) to determine the constituency in which the seat shall be reserved for the scheduled castes or
for the scheduled tribes, as the case may be; and
(c) to divide the Union territory of Goa, Daman and Diu into two single-member parliamentary
constituencies.
42. Associate members.―(1) For the purpose of assisting the Delimitation Commission in its duties,
the Delimitation Commission shall associate with itself,―
(a) in respect of the Union territory of Delhi, all the members of the House of the People
representing that Union territory;
(b) in respect of each of the Union territories of Himachal Pradesh, Manipur and Tripura, all the
members of the House of the People representing that Union territory and three members of the
Legislative Assembly of that Union territory to be nominated by the Speaker of the Assembly from
among the members thereof;
(c) in respect of the Union territory of Goa, Daman and Diu, the two members of the House of the
People representing that Union territory;
(d) in respect of the Union territory of Pondicherry, three members of the Legislative Assembly
of that Union territory to be nominated by the Speaker of the Assembly from among the members
thereof.
(2) The nomination of members of the several Legislative Assemblies under sub-section (1) shall be
made by the respective Speakers thereof as soon as practicable and shall be communicated to the
Delimitation Commission.
(3) If owing to death or resignation the office of an associate member falls vacant, it shall be filled as
soon as practicable under and in accordance with the foregoing provisions of this section.
(4) None of the associate members shall have the right to vote or to sign any decision of the
Delimitation Commission.
43. Procedure as to delimitation.―The provisions of sections 7, 9, 10 and 11 of the Delimitation
Commission Act, 1962 (61 of 1962), shall apply, as far as may be, in relation to the delimitation of
parliamentary and assembly constituencies under this Part as they apply in relation to the delimitation of
parliamentary and assembly constituencies under that Act.
1. Subs. by Act 19 of 1966, s. 37, for “the total number thereof remaining the same” (w.e.f. 13-6- 1966).
20
1
[43A. Special provision for delimitation of constituencies of Mizoram Legislative
Assembly.―(1) The provisions of sections 39 to 43 (both inclusive) shall not apply to the delimitation of
constituencies for the purpose of elections to the Legislative Assembly of the Union territory of Mizoram.
(2) The Election Commission shall, in the manner herein provided, distribute the seats assigned to the
Legislative Assembly of the Union territory of Mizoram under sub-section (2) of section 3 to single
member assembly constituencies and delimit them on the basis of the latest census figures having regard
to the provisions of the Constitution and to the following provisions:―
(a) all constituencies shall, as far as practicable, be geographically compact areas;
(b) in delimiting the constituencies, regard shall be had to physical features, existing boundaries
of administrative units, facilities of communication and public convenience.
(3) For the purpose of assisting in the performance of its functions under sub-section (2), the Election
Commission shall associate with itself as associate members—
(a) all the persons who, having been elected to the Legislative Assembly of the State of Assam
from the Lungleh, Aijal East and Aijal West territorial constituencies, are members of that Assembly
immediately before the day appointed under clause (b) of section 2 of the North-Eastern Areas
(Reorganisation) Act, 1971 (81 of 1971); and
(b) such three elected members of the District Council of the Mizo District as the Chairman
thereof may nominate:
Provided that none of the associate members shall have a right to vote or sign any decision of the
Election Commission.
(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled,
if practicable, in accordance with the provisions of sub-section (3).
(5) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies, together with the dissenting
proposals, if any, of any associate member who desires publication thereof in the Official Gazette and
in such other manner as the Commission may consider fit, together with a notice inviting objections
and suggestions in relation to the proposals and specifying a date on or after which the proposals will
be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so
specified;
(c) after consideration of objections and suggestions which may have been received by it before
the date so specified, determine by one or more orders the delimitation of constituencies and cause
such order or orders to be published in the Official Gazette; and upon such publication, the order or
orders shall have the full force of law and shall not be called in question in any court.
(6) The Election Commission may, from time to time, by notification in the Official Gazette,―
1. Ins. by Act 83 of 1971, s. 10 (w.e.f. 16-2-1972).
21
(a) correct any printing mistake in any order made under sub-section (5) or any error arising
therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order or orders
are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such
order up-to- date.
(7) Every order made under sub-section (5) and every notification issued under sub-section (6) shall
be laid as soon as may be after it is made or issued before the Legislative Assembly of the Union territory
of Mizoram.
(8) All things done, and all steps taken, before the commencement of this Act in the Union territory of
Mizoram with a view to delimiting the territorial constituencies of that Union territory for purposes of
elections to the Legislative Assembly of that Union territory shall, in so far as they are in conformity with
the foregoing provisions of this section, be deemed to have been done or taken under those provisions as
if those provisions were in force at the time such things were done or such steps were taken.]
1
[43B. Representation of Arunachal Pradesh in the House of the people.― In the House of the
People to be constituted after the general election to that House to be held after the commencement of the
Government of Union Territories (Amendment) Act, 1975 (29 of 1975) and thereafter, there shall be
allotted two seats to the Union territory of Arunachal Pradesh and the First Schedule to the Representation
of the People Act, 1950 (43 of 1950) shall be deemed to have been amended accordingly.
43C. Special provisions for delimitation of parliamentary constituencies in Arunachal Pradesh
and constituencies of Arunachal Pradesh Legislative Assembly.―(1) The provisions of sections 39 to
43 (both inclusive) shall not apply to the delimitation of parliamentary constituencies in the Union
territory of Arunachal Pradesh or to the delimitation of constituencies for the purpose of elections to the
Legislative Assembly of that Union territory.
(2) The Election Commission shall divide the Union territory of Arunachal Pradesh into two singlemember parliamentary constituencies on the basis of the latest census figures.
(3) The Election Commission shall also, in the manner herein provided, distribute the seats assigned
to the Legislative Assembly of the Union territory of Arunachal Pradesh under sub-section (2) of section
3 to single-member assembly constituencies and delimit them on the basis of the latest census figures
having regard to the following provisions:―
(a) all constituencies shall, as far as practicable, be geographically compact areas;
(b) every assembly constituency shall be so delimited as to fall only within one parliamentary
constituency;
(c) in delimiting the constituencies, regard shall be had to physical features, existing boundaries
of administrative units facilities of communication and public convenience.
(4) For the purpose of assisting in the performance of its functions under sub-sections (2) and (3), the
Election Commission shall associate with itself as associate members—
1. Ins. by Act 29 of 1975, s. 8 (w.e.f. 15-8-1975).
22
(a) the member of the House of the People representing the Union territory of Arunachal Pradesh;
(b) such five members of the Legislative Assembly of the Union territory of Arunachal Pradesh
as the Speaker of that Assembly shall, having regard to the composition of the Legislative Assembly,
nominate:
Provided that none of the associate members shall have a right to vote or sign any decision of the
Election Commission.
(5) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if
practicable, in accordance with the provisions of sub-section (4).
(6) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies together with the dissenting
proposals, if any, of any associate member who desires publication thereof in the Official Gazette and
in such other manner as the Commission may consider fit, together with a notice inviting objections
and suggestions in relation to the proposals and specifying a date on or after which the proposals will
be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so
specified;
(c) after consideration of objections and suggestions which may have been received by it before
the date so specified, determine by one or more orders the delimitation of constituencies and cause
such order or orders to be published in the Official Gazette; and upon such publication, the order or
orders shall have the full force of law and shall not be called in question in any court.
(7) The Election Commission may, from time to time, by notification in the Official Gazette,—
(a) correct any printing mistake in any order made under sub-section (6) or any error arising
therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order or orders
are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such
order up-to-date.
(8) Every order made under sub-section (6) and every notification issued under sub-section (7) shall
be laid as soon as may be after 722B it is made or issued before the House of the People and the
Legislative Assembly of the Union territory of Arunachal Pradesh.
(9) All things done, and all steps taken, before the commencement of this Act in the Union territory of
Arunachal Pradesh with a view to delimiting the territorial constituencies of that Union territory for
purposes of elections to the Legislative Assembly of that Union territory shall, in so far as they are in
conformity with the foregoing provisions of this section, be deemed to have been done or taken under
those provisions as if these provisions were in force at the time such things were done or such steps were
taken.]
23
1
[43D. Special provision for determination of constituencies in the Legislative Assembly of Goa,
Daman and Diu for Scheduled Castes and Scheduled Tribes.―(1) The Election Commission shall
determine on the basis of the latest census figures—
(i) the number of seats to be reserved for the Scheduled Castes and for the Scheduled Tribes in
the Legislative Assembly of the Union territory of Goa, Daman and Diu (hereafter in this section
referred to as the Legislative Assembly) having regard to the provisions of sub-section (5) of section
3; and
(ii) the constituencies in which those seats shall be so reserved having regard to the provisions of
clause (c), or, as the case may be, clause (d), of sub-section (1) of section 9 of the Delimitation Act
and without altering the extent of any constituency as delimited by the Delimitation Commission.
(2) The Election Commission shall—
(a) publish its proposals for the determination of the constituencies in which seats shall be
reserved for the Scheduled Castes or for the Scheduled Tribes, as the case may be, in the Gazette of
India and in the Official Gazette of the Union territory of Goa, Daman and Diu and also in such other
manner as the Election Commission may consider fit, together with a notice inviting objections and
suggestions in relation to the proposals and specifying a date on or after which the proposals will be
further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so
specified;
(c) after consideration of objections and suggestions which may have been received by it before
the date so specified, determine by one or more orders the number of seats to be reserved for the
Scheduled Castes or for the Scheduled Tribes, as the case may be, in the Legislative Assembly and
the constituencies in which those seats shall be so reserved and cause such order or orders to be
published in the Gazette of India and in the Official Gazette of the Union territory of Goa, Daman and
Diu; and upon such publication in the Gazette of India, the order or orders shall have the full force of
law and shall not be called in question in any court and the Second Schedule to the Representation of
the People Act, 1950 (43 of 1950) and the order made by the Delimitation Commission under section
9 of the Delimitation Act in relation to the Legislative Assembly shall be deemed to have been
amended accordingly.
(3) Subject to the provisions of sub-section (4), the re-adjustment of representation of any territorial
constituencies in the Legislative Assembly necessitated by any order made by the Election Commission
under this section, shall apply in relation to every election to the Legislative Assembly held after the
publication in the Gazette of India, under sub-section (2), of such order.
(4) Nothing contained in the foregoing sub-sections shall affect the representation in the Legislative
Assembly existing on the date of publication in the Gazette of India, under sub-section (2), of any order
made by the Election Commission.
1. Ins. by Act 86 of 1976, s. 3 (w.e.f. 30-9-1976).
24
(5) The Election Commission may, from time to time, by notification in the Gazette of India and in
the Official Gazette of the Union territory of Goa, Daman and Diu—
(a) correct any printing mistake in any order made under sub-section (2) or any error arising
therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order are, or
is, altered, make such amendments as appear to it to be necessary or expedient for bringing such order
up-to-date.
(6) Every order made under sub-section (2) and every notification issued under sub-section (5) shall
be laid, as soon as may be, after it is made or issued before the Legislative Assembly.
Explanation.―In this section,―
(a) “Delimitation Act” means the Delimitation Act, 1972 (76 of 1972);
(b) “Delimitation Commission” means the Delimitation Commission constituted under section 3
of the Delimitation Act.]
1
[43E. Special provisions as to readjustment of territorial constituencies.―Notwithstanding
anything contained in sections 38 to 43D (both inclusive), until the relevant figures for the first census
taken after the year 2
[2026] have been published, it shall not be necessary to readjust the division of each
Union territory into territorial constituencies and any reference to the “latest census figures” in this Part
shall be construed as a reference to the 3
[2001] census figures.]
4
[43F. Special provision as to readjustment of territorial constituencies on the basis of 2001
census.―Notwithstanding the publication of orders under sub-section (1) of section 10 of the
Delimitation Act, 2002 (33 of 2002) or anything contained in sub-section (2) or sub-section (4) of the said
section, any readjustment in the division of Union territory into territorial constituencies by the
Delimitation Commission under the said Act, on the basis of 2001 census shall take effect from such date
as the Central Government may, by order, published in the Official Gazette, specify and until such
readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the
territorial constituencies existing before such readjustment.]