Context:

The delayed Census, which may begin next year and conclude by 2026, is crucial for two major political processes: the delimitation of constituencies and the implementation of women’s reservation in elected bodies.

What’s in today’s article?

• Delimitation
• Delimitation Commission
• Women's Reservation

Delimitation

• About
  • In the Indian context, the exercise of redrawing the boundaries of Lok Sabha and Legislative Assembly Constituencies in a region is known as delimitation.
  • In this process, the number of seats allocated to a particular state/UT in Lok Sabha or in the Legislative Assembly may vary.
    • For example – Delhi, a union territory with legislative assembly, has 7 Lok Sabha constituencies while in the Legislative Assembly it has 70 constituencies.
• Need
• Delimitation helps in redrawing the boundaries (based on the data of the last Census) in such a way that the population of all the constituencies, as far as practicable, remain equal throughout the State/UT.
• It ensures a fair division of geographical areas so that all political parties or candidates contesting elections have a level playing field in terms of a number of voters.
• Constitutional provisions
  • Article 82 and Article 170 of the Constitution empowers the Parliament to readjust the allocation of seats in the Lok Sabha and the Legislative Assemblies of States respectively, after every census.
  • Accordingly, Parliament establishes a Delimitation Commission through specific Acts to oversee this process.
    • The Parliament has enacted the Delimitation Commission Acts in 1952, 1962, 1972 and 2002 for this purpose.
      • There was no Delimitation Commission Act after the 1981 and 1991 census.
• Last delimitation was done in 2002
  • The present delimitation of constituencies has been done on the basis of 2001 census data under the provisions of Delimitation Commission Act, 2002.
    • The next Delimitation Commission will be set up after 2026.
  • It adjusted constituency boundaries based on population but did not increase the number of seats, which have remained fixed since 1976.
    • Constitutional amendments in 1976 and 2001 froze seat allocations until after the first Census following 2026.
    • Currently, there are 543 Lok Sabha seats and 4,123 seats in state Assemblies.
    • These figures are based on the 1971 Census for Lok Sabha and the 2001 Census for state Assemblies, reflecting a population of 81 crore and 102.87 crore, respectively.
    • With an estimated population of 5 billion for the next Census, a substantial increase in the number of seats is anticipated.
• Challenge for the next delimitation commission
  • Questions on the Use of 2021 Census Data
    • Debate exists on whether the 2021 Census (likely conducted in 2025 and published in 2026) can be used for readjustment per Article 82.
  • Need for Constitutional Amendments
    • To enable delimitation before the next Lok Sabha elections, amendments will be needed in Article 82, along with Articles 81, 170, and 55, which govern Lok Sabha composition, state Assemblies, and the President’s election, respectively.
  • Regional Disparities in Population Control
    • The issues that delayed delimitation in 1976 and 2001 persist.
    • Southern states, which have effectively controlled their populations, could lose representation if seat increases are based solely on population growth, which is higher in the North.

Delimitation Commission:

• The Delimitation Commission is a high-powered committee entrusted with the task of drawing and redrawing of boundaries of different constituencies for state assembly and Lok Sabha election.
• It is appointed by the President and works in collaboration with the Election Commission.
• The Commission consists of –
• A retired or working Supreme Court Judge (chairperson)
• Election Commissioner
• Concerned State Election Commissioners
• The Commission’s orders have the force of law and cannot be called in question before any court.
• The Commission’s orders are laid before the Lok Sabha and the legislative assemblies concerned, but they cannot effect any modifications in the orders.

Women’s reservation

• Constitutional Amendment for Women’s Reservation
  • In September 2023, the 128th Constitutional Amendment established a 33% reservation for women in the Lok Sabha and state Assemblies.
  • The implementation depends on the next delimitation exercise, which will occur after the 2021 Census results are published, likely in 2026.
  • The reservation is set to last 15 years.
• Challenges of Seat Reservation for Men and Women
  • For over 35 years, concerns over losing seats hindered the passage of women’s reservation.
  • A 33% reservation would allocate 182 seats to women in a 545-member Lok Sabha, reducing available seats for men to 363 (from the current 467).
  • With delimitation potentially raising Lok Sabha seats to 770, around 257 seats could be reserved for women, while 513 seats would remain open for men, easing concerns for political parties and reducing disruptions for male politicians.