Delimitations in India Post 2026 - Challenges and Way Forward

Introduction: Delimitation is emerging as a critical issue in the Indian Union. Previous leaders like Indira Gandhi and Atal Bihari Vajpayee postponed the issue, recognizing its explosive potential.

Understanding Delimitation:

1. Definition: Delimitation is the process of determining the number and boundaries of constituencies for Lok Sabha and Legislative Assemblies, including reserved seats for Scheduled Castes (SC) and Scheduled Tribes (ST).
2. Constitutional Provision:

•  Article 81(1) mandates that the Lok Sabha shall consist of not more than 530 members who have to be chosen by direct election from territorial constituencies in the states; another 20 members are to represent the Union Territories.
•  Article 81(2) requires the allotment of seats to each state to be in proportion to its population.
• Article 82 (Lok Sabha) and Article 170 (Legislative Assemblies) mandate readjustment of seats and constituencies after each Census.

c. Upcoming Deadline: The freeze lapses in 2026 unless amended, with hints from the Modi government on a fresh delimitation before the 2029 elections.

d. Purpose of Freeze: Intended to avoid penalizing states successful in controlling population growth.

e. Historical Freezing: Delimitation was last based on the 1971 Census; a freeze was implemented by the Indira Gandhi government in 1976 and extended by the Vajpayee government. This was done through the 42nd   Amendment Act till the year 2000 and was extended by the 84th Amendment Act till 2026.

Issues With Delimitation:

Delimitation as a Potential Threat:

1. Demographic Disparities: Fertility rates (TFR) in non-Hindi states (1.6-1.8) are below replacement level, while Hindi-speaking states have higher TFR (around 3.5).
2. Seat Allocation Shift: Delimitation would reduce seats for southern states and increase them for Hindi-speaking states.

•  Example: Southern states’ Lok Sabha seats could drop from 25% to 17%; Hindi-speaking states’ representation could rise from 40% to 60%.

 c. Fiscal Disparities:

•  Southern and developed states contribute significantly to direct taxes but receive less in proportion. 
•  For instance, states such as Karnataka, Maharashtra and Tamil Nadu already receive only about 30% of the total funds that contribute as direct taxes, while Bihar and Uttar Pradesh receive between 250% and 350% of their overall contribution.
•  The decision of 16th Finance Commission to include the 2011 Census instead of the 1971 Census to devolve funds to States will be even more discriminatory to developed States.

  d. Potential Bias: Delimitation could intensify existing imbalances, marginalizing non-Hindi states politically and economically.

Possible Solutions/ Way Forward:

1. Extend Freeze: Continue the approach of previous governments by deferring delimitation for another 25 years.
2. Permanent Freeze: Fix the current seat distribution permanently to avoid regional imbalances.
3. Balanced Delimitation with Decentralization:

•  Implement delimitation but enhance state autonomy by abolishing the Concurrent List and expanding the State List.
•  Transfer more powers to states, leaving only defense, foreign affairs, and currency with the Union.

     d. Proportionate Increase in Seats: Maintain current inter-state seat proportions but increase overall seats within each state to balance representation.

      e. Take the State which has registered the lowest increase in population (Kerala - 68%). So a 68% step-up in the number of seats in all States can be a reasonable basis for readjustment.

Conclusion: Unlike mono-ethnic or mono-linguistic nations, India is a tapestry of languages, ethnicities, and cultures, bound by a shared history and anti-imperialist struggle. Therefore, it is vital to maintain federalism and pluralism, ensuring that India’s unity and diversity remain intact for future generations.

Additional Information:

1. The Delimitation Commission of India is a statutory body established by the Government of India under the provisions of the Delimitation Commission Act, tasked with redrawing the boundaries of legislative assembly and Lok Sabha constituencies based on the last census. The present delimitation of constituencies has been done on the basis of 2001 census under the provisions of Delimitation Act, 2002.
2. The Commission is an independent body whose orders cannot be challenged in any court of law. The orders are laid before the Lok Sabha and the respective State Legislative Assemblies. However, modifications are not permitted.
3. Four Delimitation Commmissions:  In India, Delimitation Commissions have been constituted 4 times – in 1952 under the Delimitation Commission Act, 1952, in 1963 under Delimitation Commission Act, 1962, in 1973 under Delimitation Act, 1972 and in 2002 under Delimitation Act, 2002.

Prelims Question:

Q.1 With reference to the Delimitation Commission of India, consider the following statements :

1. It is a statutory body established to redraw the boundaries of legislative assembly and Lok Sabha constituencies based on the last census.
2. The orders of the Commission cannot be challenged in any court of law but can be modified by the Parliament.
3. So far, only four Delimitation Commissions have been constituted, each of which has increased the total number of seats in Parliament based on the last census.

Which of the statements given above is/are correct ?

(a) 1 only

(b) 1 and 2 only

(c) 2 and 3 only

(d) 1, 2 and 3

Mains Question:

Q.1) What possible challenges are posed by delimitation in India ? Suggest measures to address these challenges to maintain the nation’s federal balance and unity.