Delimitation refers to the act of redrawing boundaries of Lok Sabha and State Assembly constituencies to reflect changes in population. Its aim is to ensure equal representation for equal population segments and provide fair division of seats among states and union territories.
Constitutional Basis
- Article 82 – After every Census, Parliament enacts a Delimitation Act.
- Article 170 – Provides for readjustment of Legislative Assembly constituencies in states.
- Articles 330 & 332 – Reservation of seats for SCs and STs.
Delimitation Commission
- Established by the Delimitation Act, passed by Parliament.
- It is an independent, high-powered statutory body (❌ not constitutional).
- Its orders have the force of law and cannot be challenged in any court.
Total Members in Delimitation Commission
Composition of Delimitation Commission (Central)
As per the Delimitation Act:
- Chairperson – A retired Supreme Court Judge (appointed by Central Govt).
- Ex-officio Member – Chief Election Commissioner of India.
- Ex-officio Members – State Election Commissioners of the concerned States/UTs.
- Associate Members – MPs (Lok Sabha) and MLAs from the concerned states/UTs (but they do not have voting rights; they only give suggestions).
For Example – J&K Delimitation Commission (2020)
- Chairperson: Justice (Retd.) Ranjana Prakash Desai.
- Ex-officio Members:
- Chief Election Commissioner of India.
- J&K State Election Commissioner.
- Associate Members: 5 MPs from J&K (3 from NC, 2 from BJP).
So, How Many Members in Total?
- Core (decision-making) members → Usually 3:
- Retired SC Judge (Chairperson).
- Chief Election Commissioner.
- State Election Commissioner(s) of the concerned state(s).
- Associate members (MPs/MLAs) are additional, number varies depending on states covered (not fixed).
Functions
- Redraw boundaries of Lok Sabha & State Assembly constituencies.
- Allocate seats among states and UTs according to population.
- Provide for reservation of seats for SCs/STs in proportion to their population.
- Maintain the principle of “one vote, one value.”
Delimitation Commission Acts & Formations
Delimitation Commissions have been constituted 4 times in India so far:
| Year of Commission | Census Used | Chairman (Retd. Judge) | Major Outcome |
|---|---|---|---|
| 1952 | 1951 Census | Justice Faizal Ali | First delimitation post-Independence |
| 1963 | 1961 Census | Justice K. V. K. Sundaram | Readjustment after 1961 population data |
| 1973 | 1971 Census | Justice J. L. Kapur | Delimitation before 42nd Amendment freeze |
| 2002 | 2001 Census | Justice Kuldip Singh | Implemented in 2008 elections |
Important Amendments
- 42nd Amendment (1976) – Froze delimitation till 2001 Census to encourage population control.
- 84th Amendment (2001) – Extended freeze till 2026, but allowed readjustment of SC/ST seats.
- 87th Amendment (2003) – Allowed readjustment of constituencies on the basis of 2001 Census without altering the total number of seats.
Last Delimitation Commission
- Constituted in 2002 under Delimitation Act, 2002.
- Headed by Justice Kuldip Singh (Retd. SC Judge).
- Based on 2001 Census; implemented in 2008 General Elections.
Next Delimitation
- Scheduled after 2026, based on 2031 Census.
- Expected to cause major changes in seat distribution, especially between northern and southern states.
State Delimitation Commissions
- Apart from Parliamentary Commissions, states may form State Delimitation Commissions for local body elections (Panchayats, Municipalities).
- These are separate and governed by state laws.
Significance
- Ensures fair representation and electoral equality.
- Strengthens democracy by preventing over- or under-representation.
- Balances the needs of population growth across regions.
Challenges
- States with higher population growth (mainly in North India) stand to gain more seats.
- States that successfully controlled population growth (mainly in South India) may lose representation, creating regional tensions.
- Political sensitivity makes the issue contentious.
Delimitation in Jammu & Kashmir (J&K)
Background
- Earlier, delimitation of J&K Assembly constituencies was governed by the J&K Constitution and J&K Representation of People Act, 1957.
- Last delimitation in J&K took place in 1995, based on the 1981 Census, by a State Commission (headed by Justice (Retd.) K. K. Gupta).
- In 2002, the J&K Assembly (under Farooq Abdullah govt.) passed a law to freeze delimitation until 2026, similar to the national freeze.
Post-2019 Developments
- August 5, 2019: Article 370 abrogated; J&K’s special status revoked.
- J&K Reorganisation Act, 2019: Bifurcated J&K into UT of Jammu & Kashmir (with Legislative Assembly) and UT of Ladakh (without Assembly).
- The Act mandated a fresh delimitation of constituencies in J&K.
Delimitation Commission for J&K (2020)
- Constituted on March 6, 2020 under the Delimitation Act, 2002.
- Headed by Justice (Retd.) Ranjana Prakash Desai (SC Judge).
- Members:
- Chief Election Commissioner of India.
- J&K State Election Commissioner.
- 5 MPs from J&K as associate members.
Key Recommendations & Outcome (2022)
- Report submitted: May 5, 2022.
- Total Assembly seats increased from 83 to 90 (J&K UT).
- Jammu region → gained 6 seats (from 37 to 43).
- Kashmir region → gained 1 seat (from 46 to 47).
- Reservation for SCs: 7 seats.
- For the first time, 9 seats reserved for STs (6 in Jammu, 3 in Kashmir).
- Delimitation also redrew constituency boundaries to balance population and geography.
Lok Sabha Seats in J&K
- Remain at 5 (for UT of J&K).
- Ladakh UT continues with 1 Lok Sabha seat.
Significance
- First delimitation after abrogation of Article 370.
- Paved the way for future Assembly elections in the UT of J&K.
- Enhanced representation for tribal communities (STs).
- Shift in balance, giving more weightage to Jammu region, which was a longstanding demand.