Mains Daily Question
Feb. 14, 2023
Q. What is delimitation and why is it needed? Describe the procedure for the delimitation process in India. Is there any need to change the process of delimitation in India?
Answer.
Delimitation of constituencies refers to dividing a geographical area into separate constituencies to conduct elections and ensure fair and equal representation of all voters.
Articles 82 and 170 of the Indian Constitution deal with the delimitation of parliamentary and assembly constituencies, respectively. Both articles provide for the formation of a Delimitation Commission after every census to determine the allocation of seats in parliament and state legislatures. These articles aim to ensure fair and equal representation of the people in the electoral process.
Following is the procedure for the delimitation process in India as per Delimitation Commission Act 2002:
1 According to Articles 82 and 170 of the Constitution, a Delimitation Commission that the President of India appointed performs delimitation.
- The Chief Election Commissioner, the appropriate State Election Commissioner, and a retired Supreme Court judge make up the Delimitation Commission.
- The Commission defines constituency borders by taking into account a number of variables, including population, geography, topography, etc.
- In the official gazette, the Commission publishes a draft plan for the delineation of constituencies and requests public comments and ideas.
- The Commission drafts a final proposal and submits it for publication in the official gazette after considering the objections and suggestions.
- After receiving the President's approval and being published in the official gazette, the final proposal is then made into law.
- According to Article 3 of the Indian Constitution, the delimitation process can also be started if a State Reorganisation Commission approves it.
- This process is generally carried out after every census as mentioned in Articles 82 and Article 170.
In the history of the Indian republic, Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002. There was no delimitation after the 1981, 1991 and 2001 Censuses.
The process of delimitation in India is significant as it ensures fair representation of people in the electoral process, prevents malapportionment of constituencies, and promotes democracy. It helps ensure every citizen have a voice in governance.
However, there is a need to change the process of delimitation-
- Due to a lack of transparency and the possibility of political party influence, the existing delimitation process has the potential to result in gerrymandering and the malapportionment of constituencies.
- Contrary to Article 3 of the Indian Constitution, local elements like cultural or linguistic identities are not taken into account during the delimitation process.
- The procedure typically delays elections, which takes a long time and makes things unstable.
- Minorities and women who are disadvantaged in society are not appropriately represented in the current delimitation procedure as also highlighted by the Sachar Committee report).
- The current delimitation procedure may provide some political parties an undue advantage, resulting in a less representative government and violating the Delimitation Commission Act of 2002.
- For the Indian democracy to work well (as it relates to Article 326 of the Indian Constitution), a more fair and democratic delimitation process is required.
However, the process should not be changed because of certain factors-
- The current process of delimitation is enshrined in the Indian Constitution as per Article 82 and Article 170.
- It is carried out by an independent commission, ensuring a fair process.
- The current process ensures that every citizen has a voice in governance as Article 326 envisaged.
- It is based on demographic data, ensuring an accurate representation of the population.
- It is essential to ensure equal representation in the electoral process as Articles 82 and 170 envisaged.
- According to the Delimitation Commission Act of 2002, the procedure is constantly reviewed to make sure it is impartial and fair.
The current process of delimitation has been successful in ensuring democratic representation in India though there are certain concerns. To address the concerns and further reform the process an independent committee should be set up to review the process involving all stakeholders and suggest reforms. Any reforms should ensure fair representation of people in the electoral process and promotion of democracy.