The Delimitation Act, 2002
The Delimitation Act, 2002
1. What is Delimitation?
Delimitation refers to the process of redrawing the boundaries of various electoral constituencies (for Parliament and State Legislative Assemblies) based on the latest census data. This ensures fair and equal representation for citizens by accounting for population changes.
2. Purpose of the Delimitation Act, 2002
The Act was enacted by the Indian Parliament to:
Constitute a Delimitation Commission for redrawing the boundaries of:
Parliamentary constituencies (Lok Sabha seats)
State Assembly constituencies (Vidhan Sabha seats)
Ensure representation reflects population shifts and demographic changes.
Provide a legal framework to carry out delimitation exercises based on the 2001 Census.
Update the constituencies so that each represents roughly an equal number of people.
3. Background
The first delimitation was done after the 1951 Census.
Delimitation is usually done every 10 years after the census.
Due to a freeze on delimitation from 1976 to 2001 (to encourage population control), the 2002 Act aimed to resume the process based on the 2001 Census.
The Act is an enabling law for the government to constitute a Delimitation Commission.
4. Key Features of the Act
a. Delimitation Commission
The Act provides for the constitution of an independent Delimitation Commission.
The Commission consists of:
A Chairperson (usually a retired Supreme Court judge).
The Chief Election Commissioner or an Election Commissioner nominated by him.
The State Election Commissioners of the concerned states as ex-officio members.
b. Functions of the Commission
To determine the number and boundaries of constituencies for Lok Sabha and State Assemblies.
To ensure constituencies are as equal in population as possible, while considering geographical features, communication means, and public convenience.
To allocate reserved constituencies for Scheduled Castes (SC) and Scheduled Tribes (ST) based on their population in each state.
c. Powers of the Commission
The Commission’s orders have the force of law.
Its decisions are final and cannot be challenged in court.
After the Commission submits its report, the government is required to publish it and implement the recommendations without changes.
5. Process of Delimitation
The Commission studies census data and political maps.
Holds public sittings and hearings to take objections or suggestions.
Prepares draft proposals for constituency boundaries.
Finalizes and submits the report to the government.
The government then publishes the order implementing the new constituencies.
6. Impact of the Act
The Act enabled the delimitation process that affected most states in India after 2002.
Resulted in changes in:
Number of constituencies
Geographic boundaries
Reservation status of seats
Aimed to reflect demographic realities and improve democratic representation.
7. Limitations & Important Points
The total number of seats in Lok Sabha and State Assemblies is frozen until 2026, as per constitutional amendments, to encourage population control.
So, delimitation adjusts boundaries but not the overall number of seats until after 2026.
The delimitation based on the 2001 Census was controversial in some regions due to shifts in population and political implications.
8. Relevant Case Law
Kuldip Nayar v. Union of India (2006)
Challenged the delimitation process regarding fairness and political implications.
Supreme Court held that the Delimitation Commission's orders are final and binding and cannot be challenged in court.
Affirmed the Act’s provision giving the Commission’s decisions the force of law.
M. Nagaraj v. Union of India (2006)
Though mainly about reservations, it also discussed delimitation’s role in ensuring adequate representation of Scheduled Castes and Tribes.
Summary
| Aspect | Explanation |
|---|---|
| Purpose | Redrawing electoral constituency boundaries after census. |
| Constitution | Delimitation Commission with judicial and electoral members. |
| Function | Equalize population across constituencies; reserve seats for SC/ST. |
| Legal Force | Commission's orders are final, binding, and non-justiciable. |
| Frequency | Usually every 10 years, but frozen 1976-2001, now till 2026. |
| Impact | Changed boundaries, representation, and reserved seats. |
In brief:
The Delimitation Act, 2002 provides the legal basis for redrawing India’s electoral constituencies to ensure fair and balanced representation based on the latest census, through an independent commission whose decisions are binding and beyond judicial review. It helps uphold the democratic principle of one person, one vote by accounting for population changes.
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