Why delimitation of constituencies done?

• Delimitation is the process of fixing limits or boundaries of territorial constituencies in a country to represent changes in population.
• As a result of the delimitation process, the number of seats allocated to different states in the Lok Sabha and the total number seats in a Legislative Assembly of a state can also alter.
• The redrawing of boundaries is based on a recent census.
• The body that does the delimitation exercise is called the Delimitation Commission.

Delimitation is conducted for the following reasons:

• To have equal representation for equal segments of a population.
• To have a fair division of geographical areas so that no political party has an undue advantage over the others.
• To adhere to the principle: “One Vote One Value”.
• The Delimitation Commission is a high-level body set up by an act of the Parliament.
• It is appointed by the country’s President.It works in tandem with the Election Commission of India.
• Delimitation Commission Members:
• A retired judge of the Supreme Court
• The Chief Election Commissioner
• State Election Commissioners (of the respective states) 

Functions

• The Delimitation Commission is a high power body whose orders have the force of law. Its orders cannot be questioned in a court of law. The copies of the orders are laid before the Lok Sabha and the legislative assemblies concerned, but no change is permitted in them.
• The Delimitation Commission has to determine the number and boundaries of constituencies in such a manner that the population of all seats is the same, as far as possible practically.
• The Commission also identifies the seats to be reserved for the scheduled castes and scheduled tribes communities, in areas where their population is significant.
• If the members of the Commission have differing opinions, then the decision of the majority will be taken into consideration.
• The Commission releases draft proposals to the public through the Gazette of India and the official gazettes of states, and also in regional language newspapers.
• It also conducts public sittings wherein the public’s opinion is heard through written or oral representations.
• If found appropriate, changes are made to the draft proposal.
• The final order is published in the Gazettes and comes into effect by a date specified by the President.

When first delimitation was constituted?

• The first delimitation exercise was conducted by the Indian President (with the help of the Election Commission) in 1950-51. The Delimitation Commission Act was enacted in 1952.
• There have been four Delimitation Commissions:
• 1952
• 1963
• 1972
• 2002
• There were no such commissions after the census in 1991 and 1981.

Challenges

• Because of the delimitation process, states that have not achieved any significant strides in reducing their population could end up with larger numbers of seats in the Parliament.
• In 2008, delimitation was based on the census of 2001, however, the total number of seats in the Parliament and the Legislative Assemblies fixed as per the census of 1971 was not changed.
• Another problem is that the Constitution of India has put a cap on the maximum number of seats in the Lok Sabha to 550 and Rajya Sabha to 250. So, because of delimitation, an increasing number of populations are being represented by a single representative.
• An amendment has postponed the lifting up of the cap on the maximum seats in the parliament to the year 2026, on the grounds that a uniform growth rate of population would be achieved by 2026 throughout India.

Where delimitation commission helped J&K?

• In the erstwhile State, delimitation of Parliamentary Constituencies was governed by the Constitution of India and that of Assembly seats was carried out by the State government under the Jammu and Kashmir Representation of the People Act, 1957. The last delimitation exercise in J&K was carried out in 1995.
• After abrogation of J&K’s special status in 2019, the delimitation of both Assembly and parliamentary seats is governed by the Constitution of India.

The need for delimitation was felt because of:

• First, Delimitation became necessary when the Jammu and Kashmir Reorganization Act, 2019 increased the number of seats in the Assembly.
• The erstwhile J&K state had 111 seats — 46 in Kashmir, 37 in Jammu, and 4 in Ladakh — plus 24 seats reserved for Pakistan-occupied Kashmir (PoK).
• When Ladakh was carved out as a Union Territory, J&K was left with 107 seats, including the 24 for PoK.
• The Reorganization Act increased the seats to 114 — 90 for Jammu & Kashmir, besides the 24 reserved for PoK.
• Second, the delimitation process would ensure that constituencies become coterminous with the district boundaries. This would eventually enhance parity in the region.
• Third, Delimitation is crucial for kick-starting the political process in J&K. Despite having a provision of an elected legislative assembly, the Union Territory has been devoid of the same since 2019.

Concerns

• First, Constituency boundaries are being redrawn only in J&K when delimitation for the rest of the country has been frozen until 2026. In 2002, the then J&K government amended the J&K Representation of the People Act to freeze the delimitation exercise until 2026, as in the rest of the country.
• Second, political parties in Jammu and Kashmir have been pointing out that the Delimitation Commission is mandated by the Reorganization Act, which is sub judice in the Supreme Court.
• Third, there are concerns that recommendations violate the uniformity and equal importance of every vote in the region. Under the new arrangement, Jammu with a population of 53 lakh (43% of the total population of 1.22 crore) will have 47.8% seats, while Kashmir which has a population of 68 lakh (56%) will have 52.2% of the seats. In the earlier set-up, Kashmir’s 56% had 55.4% of the seats and Jammu’s 43.8% had 44.5% of the seats.
• Fourth, the Commission did not specify whether the seats for Kashmiri Pandits should be reserved from among the existing seats, or whether they should be given additional seats.
• Fifth, opposition parties have criticized that the new delimitation will skew the balance of representation against Central Kashmir and in favor of Jammu.
• Sixth, while delimitation as a rule is carried out on the basis of Census population, the Commission has taken certain other factors into consideration for J&K, including size, remoteness and closeness to the border e.g., the Commission has merged Rajouri and Poonch (from Jammu division) with the Anantnag constituency in the Kashmir region. The new constituency has been renamed as Kishtwar-Rajouri. There are concerns that it might act as a barrier to the constitutional and legislative homogenisation of J&K.
• Seventh, it will be the first delimitation award in the country’s legislative history that will not be placed before the legislative assembly of the UT that has been delimited. Tabling the award would have given it a democratic sanction.

Who is the chairman of J&K delimitation commission?

• The Commission is chaired by retired Supreme Court judge Ranjana Prakash Desai comprising two other ex-officio members and  five Lok Sabha MPs from J&K nominated by the Lok Sabha Speaker as Associate Members.

Recommendations

• Constituencies redrawal
• Delimitation Commission has recommended seven additional constituencies:- 6 for Jammu,1 for Kashmir
• Jammu Division will now have 43 seats compared to 37 earlier
• While Kashmir Valley will have 47 seats compared to 46 earlier.

Lok Sabha Seats:

• Reorganisation of the Parliamentary constituencies so that 5 Lok Sabha seats constitute 18 Assembly constituencies each, taking the total number of assembly constituencies to 90.
• Reserving 9 Assembly seats for Scheduled Tribes, 6 in Jammu while 3 in Kashmir.
• Doing away with regional distinction between Jammu and Kashmir and treating it as one. The Anantnag region in Kashmir has been combined with Rajouri and Poonch in Jammu to carve out Anantnag-Rajouri as one Parliamentary constituency.

Kashmiri Migrants:

• The Commission has recommended provision of at least two members from the community of Kashmiri Migrants (Kashmiri Hindus) in the Legislative Assembly.
• It has also recommended that Centre should consider giving representation in the J&K Legislative Assembly to the displaced persons from Pakistan-occupied Kashmir, who migrated to Jammu after Partition.
• Schedule Tribes:
• The Commission has reserved nine Assembly seats for Scheduled Tribes. Six of these are in the redrwan Anantnag parliamentary seat, including in Poonch and Rajouri, which has the highest ST population.

Controversy

• In 2002, the then J&K government amended the J&K Representation of the People Act to freeze the delimitation exercise until 2026, as in the rest of the country.
• This was challenged in the J&K High Court and then the Supreme Court, both of which upheld the freeze.
• The Delimitation Commission mandated by the Reorganisation Act, however, matter is still in sub judice.
• While delimitation as a rule is carried out on the basis of Census population, the Commission said it would take certain other factors into consideration for J&K, including size, remoteness and closeness to the border.

 

How is delimitation done?

• After every census, the Parliament will enact a Delimitation Act, as per Article 82.
• As per Article 170, the states also get classified into territorial constituencies after every census, according to the said Act.
• Once the Act is enacted, the Central Government sets up a Delimitation Commission.
• The Commission then exercises the delimitation.
• A quota of constituencies to be reserved in each State is fixed depending on the proportion of SC or ST in that State.
• After drawing the boundaries, the Delimitation Commission looks at the composition of population in each constituency. Those constituencies that have the highest proportion of Scheduled Tribe population are reserved for ST.
• In the case of Scheduled Castes, the Delimitation Commission looks at two things.
• It picks constituencies that have higher proportion of Scheduled Caste population.
• But it also spreads these constituencies in different regions of the State.
• This is done because the Scheduled Caste population is generally spread evenly throughout the country.
• These reserved constituencies can be rotated each time the Delimitation exercise is undertaken.
• The Constitution does not make similar reservation for other disadvantaged groups.

Problems with Delimitation

• States that take little interest in population control could end up with a greater number of seats in Parliament. The southern states that promoted family planning faced the possibility of having their seats reduced.
• In 2008, Delimitation was done based on the 2001 census, but the total number of seats in the Assemblies and Parliament decided as per the 1971 Census was not changed.
• The constitution has also capped the number of Lok Shaba & Rajya Sabha seats to a maximum of 550 & 250 respectively and increasing populations are being represented by a single representative.