Why in news: Recently the Election Commission (EC) released a draft delimitation document for Assam, proposing a change in boundaries of several Lok Sabha and Assembly constituencies of the state. In this Context we study various issues associated with De-limitation exercise.

On June 20, the Election Commission (EC) released a draft proposal on the delimitation of the Assembly and LokSabha constituencies in Assam. The number of Assembly and Parliamentary seats remains unchanged at 126 and 14 but many constituencies were proposed to be reshaped and the number of reserved seats has been increased. This has led to a churning among various organisations and political parties, including the Bharatiya Janata Party (BJP) and its allies, with the fortunes of many MLAs likely to be affected. 

Delimitation is the process of redrawing boundaries of Lok Sabha and State Assembly constituencies based on a recent Census to ensure each seat has an almost equal number of voters. It is ideally carried out every few years after a Census by an independent Delimitation Commission formed under the provisions of the Delimitation Commission Act. Such panels were set up in 1952, 1962, and 1972 before the exercise was suspended in 1976 due to the family planning programme. 

Before the exercise of the next panel could be completed in 2008, the delimitation of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, and Nagaland was deferred due to “security risks” through presidential orders. In the case of Assam, many entities including the BJP wanted the delimitation done only after the National Register of Citizens (NRC) was updated to weed out “illegal immigrants”. 

The Centre reconstituted the Delimitation Commission for the four north-eastern States and the Union Territory of Jammu and Kashmir on March 6, 2020. The EC notified the initiation of Assam’s delimitation on December 27, 2022, following which four districts were re-merged with the ones they were carved out of. 

How would the proposal pan out? 

If the draft is accepted, 24 Assembly seats would be reshaped and renamed while the number of reserved seats for the Scheduled Tribes (ST) and Scheduled Castes (SC) would be increased from 16 to 19 and eight to nine respectively. The reserved seats would also be juggled – six each for the SCs and STs would become unreserved while nine ST and seven SC general seats would become reserved. The number of reserved Lok Sabha seats (two ST, one SC) would remain the same but Silchar would become reserved for SCs in place of Karimganj. The draft has erased the seats of Assembly Speaker Biswajit Daimary (Panery), ministers like Chandra Mohan Patowary (Dharmapur), and Parimal Suklabaidya (Dholai), ally Asom Gana Parishad MLAs Ramendra Narayan Kalita (West Guwahati) and Pradip Hazarika (Amguri), Congress MLAs Bharat Narah (Naoboicha), Sherman Ali Ahmed (Baghbar), and Rekibuddin Ahmed (Chaygaon), and All India United Democratic Front’s Aminul Islam (Dhing) and Rafikul Islam (Sarukhetri). Among the parliamentarians whose seats would have a different name and shape are Gaurav Gogoi of Congress (Kaliabor to Kaziranga) and the BJP’s Dilip Saikia (Mangaldoi to Darrang). Altogether, 39 MLAs and five MPs would lose their seats. 

Why are many opposed to the proposal? 

There have been protests across Assam since the EC announced the draft proposal. Ethnic groups such as the Ahoms are disappointed with the number of Assembly seats reduced from eastern Assam and increased in western Assam. Raijor Dal MLA Akhil Gogoi has questioned the EC for citing Section 8A of the Representation of the People Act, 1950, to initiate the delimitation exercise. Section 8A only allows the reorientation of seats without any change in the total number. 

The use of the 2001 Census data has also raised hackles; Congress and AIUDF sniffed a sinister design especially after the EC used the 2011 Census for completing the exercise in Jammu and Kashmir, where the number of seats increased. AIUDF’s Badruddin Ajmal said Assam’s delimitation could have been carried out along with the rest of the country in 2026, instead of rushing it through ahead of the 2024 Lok Sabha polls. “Some seats have been reshaped to scatter the Muslims voters to ensure their representation in the Assembly and Parliament reduces,” he alleged. Other parties said delimitation should have waited for the exercise to update the NRC, to be completed. Meanwhile, people across the Bodoland Territorial Region are happy with the proposed increase of Assembly seats there from 16 to 19. 

Can there be further changes? 

The EC said the proposal was based on suggestions from 11 political parties and 71 other organisations although Congress skipped a meeting with the election panel team that visited Assam a few months ago. The EC has sought “suggestions and omissions” by July before visiting the State again for meeting various stakeholders. The AIUDF has threatened to go to court if the draft is accepted. The insistence of Assam Chief Minister Himanta Biswa Sarma, whose Assembly seat Jalukbari would also be affected by the delimitation, to safeguard the rights of the indigenous people in view of “demographic changes” indicates that there may not be significant changes. He also advised political leaders not to worry about losing out if more seats are reserved for the SCs and STs in the “greater interest of the State”. 

How Delimitation Exercise Is A Great Distribution Challenge In India 

The allocation of Lok Sabha seats in India is based on the 1971 census, with Madhya Pradesh having a 5.47 per cent share and Tamil Nadu having a 7.51 per cent share. However, between 1971 and 2011, Tamil Nadu's population has grown 1.75 times, much lower than the national average of 2.2 times, and Madhya Pradesh has grown 2.41 times. If Lok Sabha seats were allotted now as per the 2011 state population, both states would have around 32 seats, leaving MPs with an almost equal range of the population to cater to. However, this would also mean a loss of about seven Lok Sabha seats for Tamil Nadu and a gain of three seats for Madhya Pradesh. 

Uttar Pradesh, India's largest state, experienced a 2.38 times population growth between 1971 and 2011, with a population-linked delimitation giving the state around 87 seats instead of the current allocation of 80. Rajasthan recorded an even higher growth rate between 1971 and 2011, while West Bengal experienced a 2.06-times increase due to the migration of Hindu refugees and Muslim infiltrators from Bangladesh. Assam experienced a 2.13-fold increase due to migration. 

The government of India will have to deal with the scenario when the freeze on population-linked delimitation ends in 2026, whether to re-impose it or not. Experts say Kerala's share in the divisible pool of central taxes is being drastically reduced due to their success in population control. South India, according to Aazhi Senthilnathan, is becoming like the Northeast, with northern states hardly getting heard in Parliament. If population-based delimitation is implemented, southern states will lose their voice and India will become overwhelmingly north-centric, leading to a situation where the south will become a permanent minority in Parliament. 

BACKGROUND INFO 

The Representation of the People Act, 1950, and the Representation of the People Act, 1951, contain several provisions related to the electoral process and the representation of the people in India. Here is a summary of the key provisions of each act: 

Representation of the People Act, 1950:

1. Qualifications and Disqualifications: The act lays down the qualifications required for an individual to be eligible to contest elections to the Parliament and State Legislatures. It also lists the various disqualifications that may prevent a person from contesting elections, such as being of unsound mind, holding an office of profit, or being convicted of certain offenses. 

2. Preparation of Electoral Rolls: The act provides for the preparation and revision of electoral rolls, which are the lists of eligible voters in each constituency. It outlines the procedure for the registration of voters, the inclusion, exclusion, and correction of names in the rolls, and the conduct of periodic revisions. 

3. Delimitation of Constituencies: The act empowers the Delimitation Commission to review and determine the boundaries and demarcation of parliamentary and assembly constituencies. The commission ensures that constituencies are created or modified based on population changes and other relevant factors. 

Representation of the People Act, 1951: 

1. Conduct of Elections: The act governs the conduct of elections, including the process of nomination, the appointment of Election Commission, and the manner of conducting polls. It outlines the qualifications and disqualifications of voters, the procedure for casting and counting votes, and the declaration of election results. 

2. Election Petitions and Disputes: The act provides for the resolution of election disputes through the filing of election petitions. It sets out the grounds and procedure for challenging the election of a candidate, and the jurisdiction and powers of election tribunals and courts to hear and decide these petitions. 

3. Appointment of Election Observers: The act empowers the Election Commission to appoint election observers who monitor the electoral process, ensure compliance with election laws, and report any irregularities or violations. 

4. Campaign Finance: The act regulates the expenditure incurred by candidates during elections, including the filing of expenditure returns and limits on campaign expenses. It aims to prevent the use of excessive money power in elections and promote transparency.

 5. Offenses and Penalties: The act specifies various offenses related to elections, such as bribery, impersonation, and illegal practices. It prescribes penalties for these offenses, including disqualification of candidates, imprisonment, and fines. 

6. Electoral Disqualification: The act details the grounds on which a candidate's election can be set aside or declared void, such as corrupt practices, illegal practices, or non-disclosure of election expenses.

It's important to note that both acts have been amended multiple times to reflect changes in the electoral system, technological advancements, and evolving legal and political circumstances. These amendments have introduced provisions related to electronic voting machines, campaign finance, voter identification, and other aspects to enhance the fairness and efficiency of the electoral process. 

The Delimitation Commission of India 

The Delimitation Commission of India is a constitutional body responsible for the delimitation (determining boundaries and demarcation) of parliamentary and assembly constituencies in India. The commission is appointed by the President of India and operates under the provisions of the Delimitation Act, 2002. Here are some key points about the Delimitation Commission of India: 

1. Objective: The primary objective of the Delimitation Commission is to ensure the equitable distribution of constituencies based on population changes. The commission aims to maintain fair representation and balance in the electoral process by reviewing and redrawing constituency boundaries. 

2. Composition: The Delimitation Commission consists of a Chief Election Commissioner or Election Commissioner nominated by the President, who acts as the ex-officio Chairman of the commission. The other members of the commission include the Chief Electoral Officer of the concerned state and one or more Regional Commissioners nominated by the Election Commission. 

3. Delimitation Exercise: The Delimitation Commission conducts a delimitation exercise to review and redraw constituency boundaries based on the latest census data. This process takes into account population changes, geographical factors, and other relevant factors to ensure an equal number of voters in each constituency. 

4. Periodicity: The Delimitation Commission is constituted whenever necessary to carry out the delimitation exercise. Initially, delimitation was carried out after every census. However, in 2002, the Delimitation Act was enacted, freezing the delimitation until the first census after 2026. This was done to maintain consistency in the number of constituencies for a reasonable period. 

5. Powers and Functions: The Delimitation Commission has the authority to determine the boundaries and demarcation of parliamentary and assembly constituencies. It reviews the existing constituencies, makes modifications if required, and creates new constituencies to ensure effective representation based on population changes. 

6. Delimitation Orders: Once the Delimitation Commission completes the delimitation exercise, it prepares and publishes Delimitation Orders specifying the boundaries and details of each constituency. These orders are followed for subsequent elections until the next delimitation exercise takes place.

It's important to note that the Delimitation Commission plays a crucial role in maintaining fair and balanced representation in the electoral system. The boundaries and demarcation of constituencies determined by the commission impact the political landscape and voting patterns in elections, ensuring effective representation and equitable distribution of seats. 

Mains Practice Question: Discuss, how census-based delimitation for Lok Sabha seats could shake up politics & disadvantage south.