Delimitation Commission

07 Jul 2023 Delimitation Commission

This article covers “Daily Current Affairs” and the topic details “Delimitation Commission”. The topic “Delimitation Commission” has relevance in the “Polity and Governance” section of the UPSC CSE exam.

For Prelims:

What is Delimitation? Delimitation Act? Composition of Delimitation Commission? Function? 

For Mains:

GS2: Statutory, regulatory and various quasi-judicial bodies.

Why in the news?

In the recent months, delimitation was carried out in the UT of Jammu and Kashmir as well as the State of Assam. 

Delimitation

• Delimitation, in its literal sense, entails establishing the limits or boundaries of territorial constituencies within a country or province that possesses a legislative body.

• Delimitation involves the redrawing of boundaries for Lok Sabha and state Assembly seats, aiming to accurately reflect population changes.
• The primary goal of delimitation is to ensure fair and equal representation for different segments of the population.
• The task of delimitation is designated to a body with significant authority, commonly referred to as either the Delimitation Commission or the Boundary Commission.

Delimitation Commission 

• Following each census, a Delimitation Act is legislated by the Parliament in accordance with Article 82 of the Constitution.
• After the commencement of the Act, the Central Government constitutes a Delimitation Commission.

• The Delimitation Commission is responsible for delineating the boundaries of Parliamentary Constituencies in accordance with the provisions of the Delimitation Act.

• Its primary objective is to ensure that the population of each constituency, to the extent feasible, is approximately equal. 

• Additionally, the Commission is entrusted with the task of designating constituencies reserved for Scheduled Castes and Scheduled Tribes.

• To promote transparency and public participation, the Delimitation Commission releases draft proposals for public scrutiny and feedback. 

• It also conducts public hearings where individuals can express their objections and suggestions. Based on the input received, the Commission reviews the draft proposal and incorporates any necessary changes.

• Upon finalization, the Commission publishes the final order in the Gazette of India as well as the relevant State Gazette. The implementation of the order is determined by a date specified by the President.

Composition 

• The President of India appoints the Delimitation Commission.
• It works in collaboration with the Election Commission of India. 
• It is composed of the following: 
  • A retired Supreme Court judge, who shall be the Chairperson of the Commission
  • Chief Election Commissioner of India
  • the State Election Commissioner of concerned State, 

Associate Members

• The Commission can associate with individuals to assist in its duties.
• Ten persons from each state are associated with the Commission.
• Five of them are members of the House of the People representing that state.
• Five are members of the Legislative Assembly of that state.
• If a state has five or fewer members in the House of the People, all of them become associate members for that state.
• The nomination of associated members is done by the respective Speakers.
• Associate members do not have the right to vote or sign decisions of the Commission.
• The Secretary to the Election Commission serves as the ex officio Secretary of the Commission.

Powers of Delimitation Commission 

• The Commission has the authority to establish its own procedure.
• It possesses powers similar to a civil court under the Code of Civil Procedure, 1908, for certain matters, including summoning witnesses, requesting document production, and obtaining public records.
• The Commission is considered a civil court for specific purposes under the Code of Criminal Procedure, 1973.
• Decisions of the majority prevail in case of differing opinions among the members.
• The Delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court.

Previous delimitation exercises 

• Delimitation Commissions have been constituted in India on four occasions: 
  • In 1952 under the Delimitation Commission Act, 1952.
  • In 1963 under the Delimitation Commission Act, 1962.
  • In 1973 under the Delimitation Act, 1972.
  • In 2002 under the Delimitation Act, 2002.
• The current delimitation of constituencies in India is based on the 2001 census figures, as per the provisions of the Delimitation Act, 2002.
• The Constitution of India was amended in 2002 to suspend delimitation of constituencies until after the first census following 2026. Therefore, the present constituencies established using the 2001 census data will remain in operation until the first census after 2026.
• However, the 2002 Act did not alter the total number of Lok Sabha seats or their distribution among states. Certain states, such as Assam, Arunachal Pradesh, Nagaland, and Manipur, were excluded from the delimitation exercise due to “security risks.”
• On 6 March 2020, the central government reconstituted the Delimitation Commission for Assam, Arunachal Pradesh, Nagaland, Manipur, and the union territory of Jammu and Kashmir.

Sources:
The fallout of delimitation in the States needs no political forecasting

Yojna daily current affairs eng med 7th July 2023

Q1. With reference to the Delimitation Commission recently seen in news, consider the following statements:

1. The Delimitation Commission is appointed by the Election Commission of India.
2. The Delimitation Commission has powers of a civil court for matters such as summoning witnesses. 
3. The orders of the Delimitation Commission can only be appealed in the apex court i.e. Supreme Court of India. 

Which of the statements given above is/are incorrect?

(a) 1 and 2 only

(b) 2 only

(c) 1 and 3 only 

(d) None

Answer: (c) 

Q2. Consider the following bodies/ institutions:

1. Election Commission of India 
2. Delimitation Commission 
3. National Human Rights Commission 
4. State Election Commission 
5. National Commission for Women 

How many of the bodies given above can be called Constitutional Bodies?

(a) Only one 

(b) Only two 

(c) Only three 

(d) All of them 

Answer: (b)

Q3. What is the role and significance of the Delimitation Commission in the context of the Indian political system, and how does it impact the electoral process and representation in the country?

Gaurav N