At present, the process of delimitation is going on in Jammu and Kashmir of the country, due to which this word remains a matter of discussion.
Let us understand what is delimitation? What is Delimitation Commission? What does it do? Who are its members and what kind of legal powers does it get?
Delimitation literally means the process of fixing limits or boundaries of territorial constituencies in a state that has a legislative body.
The Delimitation Commission carries out suevey for fixation symmetry in the political representation in the country. Delimitation is undertaken by a highly powerful commission.These bodies are so powerful that its orders have the force of law and they cannot be challenged before any court.
How delimitation is carried out:-
Such commissions have been constituted at least four times in India — in 1952 under the Delimitation Commission Act, 1952; in 1963 under Delimitation Commission Act, 1962; in 1973 under Delimitation Act, 1972 and last in 2002 under Delimitation Act, 2002.
The commissions’ orders are enforced as per the date specified by the President of India. Copies of these orders are laid before the Lok Sabha or the concerned Legislative Assembly. No modifications are permitted.
Composition of the Commission:
According to the Delimitation Commission Act, 2002, the Delimitation Commission appointed by the Centre has to have three members: a serving or retired judge of the Supreme Court as the chairperson, and the Chief Election Commissioner or Election Commissioner nominated by the CEC and the State Election Commissioner as ex-officio members.
Important Facts :-
• Under Article 82, the Parliament enacts a Delimitation Act after every Census.
• Under Article 170, States also get divided into territorial constituencies as per Delimitation Act after every Census.
• Once the Act is in force, the Union government sets up a Delimitation Commission.
• The first delimitation exercise was carried out by the President (with the help of the Election Commission) in 1950-51.
• The Delimitation Commission Act was enacted in 1952.
• 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 and 1991 Censuses
Delimitation Commission:-
• The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India.
Composition:-
• Retired Supreme Court judge
Chief Election Commissioner
Respective State Election Commissioners
Functions:-
• To determine the number and boundaries of constituencies to make population of all constituencies nearly equal.
• To identify seats reserved for Scheduled Castes and Scheduled Tribes, wherever their population is relatively large.
• In case of difference of opinion among members of the Commission, the opinion of the majority prevails.
• 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.
Delimitation Problems:-
• Because of the delimitation process, states that have not achieved any significant strides in reducing their population could end up with larger numbers of seats in the Parliament.
• In 2008, delimitation was based on the census of 2001, however, the total number of seats in the Parliament and the Legislative Assemblies fixed as per the census of 1971 was not changed.
• Another problem is that the Constitution of India has put a cap on the maximum number of seats in the Lok Sabha to 550 and Rajya Sabha to 250. So, because of delimitation, an increasing number of populations are being represented by a single representative.
• An amendment has postponed the lifting up of the cap on the maximum seats in the parliament to the year 2026, on the grounds that a uniform growth rate of population would be achieved by 2026 throughout India.
