Redrawing Boundaries: Challenges in India’s Delimitation Process

Abstract

Delimitation in India is the process of redrawing parliamentary and assembly constituency boundaries to ensure equal representation, based on population data from the census. Governed by constitutional provisions and the Delimitation Act, it also adjusts reserved seats for Scheduled Castes and Tribes.

The process faces political and constitutional challenges, particularly concerns over regional imbalances—northern states with higher populations could gain more seats, while southern states that have controlled population growth may lose representation. Additionally, the implementation of the Women’s Reservation Bill and delays due to the COVID-19 pandemic and census postponement have further complicated the process.

The delimitation of Jammu & Kashmir and northeastern states has also sparked controversy. Overall, delimitation is a politically sensitive but essential process to uphold fair representation and democratic equity in India.

Delimitation

Delimitation aims to fix the number of seats and define the boundaries of territorial constituencies in each state for the Lok Sabha and Legislative Assemblies. It is crucial for a country with a vast population, as the size of the population demands robust democratic representation.

It also determines the seats to be reserved for Scheduled Castes and Scheduled Tribes according to population. Why delimitation? It ensures fair segmentation of geographical areas for equal population representation from every seat and upholds the “one vote, one value” principle—meaning no vote carries more or less weight than another in a free and fair election.

Many controversies have arisen from individuals and political parties who disagree with the process, despite extensive discussions and arguments. These disagreements and the resulting challenges make the delimitation process difficult and effort-intensive.

This essay discusses the major controversies and challenges of the delimitation process in India, both constitutional and political.

The Delimitation Act outlines the procedure for the delimitation process, including the establishment of a Delimitation Commission, preparation of delimitation proposals, and publication of orders. The Act ensures that constituencies are redrawn to reflect changes in population, geography, and other significant factors.

Article 82 of the Indian Constitution states that after each census, Parliament must enact a Delimitation Act to readjust the allocation of seats in the Lok Sabha and divide them into territorial constituencies. Article 170 of the Constitution deals with the composition of the State Legislative Assembly, including the number of members, constituencies, representation, and reservations.

Delimitation involves not only reframing constituency boundaries and allocating seats but also reserving seats for Scheduled Castes and Scheduled Tribes. The Constitution of India provides for re-fixing the number of reserved seats in the Lok Sabha and State Legislative Assemblies without affecting the total number of seats.

The Delimitation Commission is an independent body that works in collaboration with the Election Commission of India. The Commission consists of a retired Supreme Court judge, the Chief Election Commissioner, and the respective State Election Commissioners. It is appointed by the President under the provisions of the Delimitation Commission Act.

The decisions of the Commission are final and cannot be challenged in any court in India. The primary function of the Commission is to set the limits and boundaries of the country’s territorial constituencies to reflect population changes.

The parent department responsible for the Commission’s operations is the Government of India. The headquarters of the Commission is located in Delhi.

Delimitation Commissions

The process of delimitation is carried out by a Delimitation Commission that is framed under an Act of Parliament. The last Delimitation Act was established in 2002, based on the 2001 census. The present delimitation of the Parliament and Assembly constituencies is based on the 1971 census.

The total number of seats is based on the 1971 census, while readjustments and divisions are made according to the population data from the 2001 census. The Act tasked the new Delimitation Commission with carrying out delimitation of parliamentary and assembly constituencies. It specifies that the Commission shall endeavour to complete the work within a period not later than July 31, 2008.

The Commission has been set up four times in the past: in 1952, 1962, 1972, and 2002, based on the censuses of 1951, 1961, 1971, and 2001 respectively. The delimitation exercise for four eastern states—Assam, Arunachal Pradesh, Nagaland, and Manipur—was deferred.

Through the 42nd Amendment in 1976, it was decided not to conduct any delimitation exercise for 26 years to control population growth, and the number of seats was frozen based on the 1971 census. Currently, there are 543 seats in the Lok Sabha. The 84th Amendment in 2001 extended this freeze for another 26 years. The next delimitation exercise is slated to take place after the first census following the year 2026.

Constitutional Provisions

Since 1950, parliamentary and state legislative assembly seats have been reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population. Only candidates from these communities can contest elections in these reserved constituencies.

The 73rd and 74th Constitutional Amendments institutionalised reservation at the rural and urban local body levels beginning in 1990. The reservation of seats for SCs and STs ensures that the benefits of overall development and empowerment reach these communities.

Although the population of SCs and STs has increased in several states, this has not been reflected in the constituencies due to delays in delimitation. For example, the Bihar Caste-based Survey report highlights an increase in the Scheduled Castes population from 15.9% to 19.65%, and the Scheduled Tribes from 1.2% to 1.68% as per the 2011 census. The delay in the delimitation exercise adversely affects the representation of SCs and STs in legislatures.

Article 330(1)

• Seats shall be reserved in the House of the People for Scheduled Castes, Scheduled Tribes, and Scheduled Tribes in the autonomous districts of Assam.
• The number of reserved seats shall bear, as nearly as possible, the same proportion to the total number of seats allotted to the state in the House of the People as the population of SCs or STs bears to the total population of the State or Union Territory.
• The term ‘population’ in this context refers to the population as determined by the last published census.

Article 332(1)

• Seats shall be reserved for SCs and STs in the Legislative Assembly of every state.
• Seats shall also be reserved for autonomous districts in the Legislative Assembly of the State of Assam.
• The proportion of reserved seats shall be based on the respective population of SCs and STs in the state.
• The number of seats reserved for an autonomous district in Assam shall be in proportion to the population of that district.
• Constituencies for reserved seats in autonomous districts shall not include areas outside the district.

Article 332(6)

No person who is not a member of a Scheduled Tribe of any autonomous district in Assam shall be eligible for election to the Legislative Assembly from any constituency in that district.

Delimitation Act, 2002 – Key Provisions

• Section 9(1)(d): Seats for STs are to be reserved in constituencies where their population percentage is the highest.
• Section 9(1)(c): Seats for SCs should be distributed across different parts of the state and reserved in constituencies where their population percentage is comparatively large.

Political Controversies

Practically, redrawing the political boundaries of India is a complicated and confused task. Many controversies and challenges made the process of delimitation exercise delay. For instance, constitutional constraints, regional disparities, women reservation implementations, and pandemics such as Covid-19.

The main problem of the current delimitation is that the southern states controlled the population within 52 years whereas the northern states couldn’t control population. The following are the main solutions for the current problem:

• Retain the number of seats at 543 and reapportion among states based on the projected population in 2026
• Increase the number of seats to 848 based on the projected population in 2026

But even with these two solutions, northern states gain more advantages because of their population. Northern states show more political representation than southern states according to the population. Political scientists argue that “the unwillingness to acknowledge India’s changing demographics and new forms of interstate inequalities between north and south has resulted in ‘severe and entrenched malapportionment’ in the Parliament.”

It is proved numerically. The number of seats at present in Uttar Pradesh is 80 and the number of seats projected as per the first solution is 91. Then Uttar Pradesh gains 11 seats. The projected seats according to the second solution is 143 for Uttar Pradesh. In this way also, they gain 63 extra seats.

Coming to southern states, the number of present seats in Kerala is 20 and the projected seats according to the first solution is 12. So the State of Kerala loses 8 seats. According to the second solution, the projected seats of Kerala is 20. Hence, no gain in number of seats.

Many states such as Tamil Nadu, Andhra Pradesh, Karnataka, small states like Punjab and Uttarakhand, and eastern states have the same condition. It is a huge obstacle in the eye of Indian politics. Northern states gain more political significance with respect to southern and eastern states. This may end up in many political controversies and is against Indian federalism.

The remedies to rectify these problems are:

• Maintain the 543 seats in Parliament
• Increase the seats of State Legislative Assembly with respect to their proportion
• Provide national awareness about delimitation nationwide
• Make concerns and give more devolution to 3rd tier system (municipalities, panchayats)

Delimitation In J&K

Delimitation primarily represents the change in demographic change of a population as per the area and its density. It also resembles the latest census that may have been done of its population. Boundaries are revised to ensure proper representation of people in the State Legislative Assembly and in the Parliament.

Erstwhile, the state of Jammu and Kashmir was last readjusted in 1995 based on the 1981 census. Earlier, before Article 370 was scrapped, the Jammu and Kashmir assembly had 111 seats in total — 46 in Kashmir, 37 in Jammu, 4 in Ladakh, and 24 seats reserved for Pakistan Occupied Kashmir.

But when Ladakh was carved out as a separate union territory, the Jammu and Kashmir Reorganization Act, 2019 increased the seats for Jammu and Kashmir to 214 — 90 for Jammu and Kashmir, besides 24 reserved for Pakistan Occupied Kashmir.

So a delimitation commission was set up on 6th March 2020. The commission has added six new assembly seats for the Jammu region and one for Kashmir. As per the report:

• Total seats in Jammu region will go up to 43 from 37
• Kashmir will go up to 47 from existing 46

This shows that the Muslim majority provinces, 68.88 lakh residents based on the last 2011 census, will be represented by 47 legislators, while the Jammu region, with 53.78 lakh people according to the 2011 census, will have 43 seats.

Moreover, the commission has also recommended to the Centre to:

• Nominate at least two Kashmiri migrants, Kashmiri Pandits, to the legislature
• Consider giving some representation to persons displaced from Pakistan Occupied Kashmir

It made many controversies because delimitation of Jammu and Kashmir has always been a politically volatile issue since it is directly related to the representation of Muslim-dominated Kashmir and Hindu-dominated Jammu in the legislative assembly.

For the first time in Jammu and Kashmir:

• 9 seats have been reserved for Scheduled Tribes – 6 in the Jammu region and 3 in the Kashmir region
• 7 seats have been reserved for Scheduled Castes

Tensions Across the Northern States

The Supreme Court expressed concern over the delay in conducting the delimitation exercise in four north-eastern States — Arunachal Pradesh, Nagaland, Manipur, and Assam — despite a presidential order last year doing away with the deferment of this exercise.

“The exercise has to be done. It is a statutory mandate and therefore you have to comply with it,” Chief Justice Sanjiv Khanna addressed Mr. K.M. Natraj, Additional Solicitor General.

A public interest litigation filed in 2022 alleged that no delimitation exercise has been conducted for the States of Assam, Manipur, Nagaland, and Arunachal Pradesh since 1971. There are severe objections from tribes in these states about suspicious population increases in some districts as per the 2001 census. Assemblies have passed resolutions to base the delimitation exercise on the 2001 census.

North-eastern States have witnessed large-scale illegal migration from Bangladesh in recent decades, impacting their demography.

In 1971, Assam’s population was 1.46 crores, rising to 2.66 crores in 2011. Questions have been raised as to why the delimitation exercise is being conducted in Assam alone, while it was deferred in other states such as Arunachal Pradesh, Nagaland, and Manipur, along with Jammu and Kashmir.

For Assam, the government cited security concerns and the potential for law and order issues. As per Section 8A of the Representation of the People Act, 1950, the President may rescind the deferment order if satisfied that conditions in the states are conducive for conducting delimitation.

The Assam cabinet approved the merger of four districts into the ones they were carved out from, including one as recent as January 2022. The opposition alleges that this move benefits the ruling Bharatiya Janata Party (BJP).

A register prepared after the 1951 census for each village — known as the National Register of Citizens (NRC) — exists only in Assam as of December 2024. The exercise may be extended to other states. It aims to identify and deport illegal migrants from Bangladesh. The NRC’s creation is mandated by the Citizenship Act of 1955 and was implemented in Assam in 2014 under Supreme Court supervision.

The Government of India announced plans in 2021 to implement the NRC nationwide, but these have not materialized yet.

The Delimitation Commission began its exercise across different states after the final 2001 census figures were received. It conducted its first public sittings in Goa on:

• 14th December 2004 at Margao
• 15th December 2004 at Panaji

Public sittings in other states followed after draft proposals were published. After the deadline for suggestions and objections, the Commission held public hearings and considered both written and oral inputs before finalizing its decisions.

The first final notification was for Goa, published on 31st March 2005. By 17th August 2007, final notifications had been issued for 25 states.

In Assam, Arunachal Pradesh, Nagaland, and Manipur, significant progress was made. However, a stay by the Guwahati High Court delayed finalization. Although the Supreme Court vacated the stay, the process could not be completed as the Government promulgated an Ordinance amending the Delimitation Act, 2002 on 14th January 2008.

The Delimitation Commission adhered to constitutional provisions, the Act, and its guidelines, using 2001 census data. However, some states presented unique challenges:

• In Uttaranchal, political parties opposed reducing seats in hill districts.
• In Jharkhand, associate members opposed reducing Scheduled Tribe-reserved seats.

The Commission passed special orders to address these concerns where legally permissible. In some states — Assam, Jharkhand, and Arunachal Pradesh — public sittings were disrupted and had to be cancelled despite prior announcements. The Commission issued special orders to dispense with further public hearings in those states.

Emerging Disputes in Tamil Nadu

Why are Tamil Nadu and other southern states opposing the delimitation exercise? It is completely because of the fear that the number of seats in the Parliament that these states represent would proportionally go down in comparison to the other states.

The south has been very effective in implementing population control measures as opposed to the northern states.

Tamil Nadu House has passed resolutions against the delimitation and the ‘One Nation, One Election’ proposal.

The Tamil Nadu Chief Minister M.K. Stalin said that the ‘One Nation, One Election’ policy was impractical and went against the principle of free and fair elections enshrined in the Constitution of India.

In addition, the resolution shows that states like Tamil Nadu should not be penalized for implementing various socio-economic development programmes and welfare schemes for the benefit of people over the past 50 years.

M.K. Stalin also stated that the delimitation process after 2026 was a conspiracy to reduce the representation of the southern states, and in particular Tamil Nadu, and it should be nipped in the bud.

He also emphasized, “delimitation is a sword hanging over the head of Tamil Nadu.”

Challenging Petitions

The Supreme Court of India has heard various petitions challenging delimitation.

In 1967, Meghraj Kothari vs Delimitation Commission and Others, a 5-judge Constitution bench of the Supreme Court upheld the jurisdiction of the delimitation commission. However, the court also clarified that judicial involvement should be limited to avoid unnecessary delays in the elections.

Lately, political parties and civil society have approached the apex court challenging the delimitation of constituencies in Jammu and Kashmir, arguing that “it would abate the political voices of the minorities in the affected areas.”

The courts have upheld the provisions of Article 329A, which states: “the validity of any law relating to the delimitation of constituencies or allotment of seats to such constituencies … shall not be called in question in any courts.”

The Supreme Court ruled that the constitutional courts can review the validity of delimitation commission borders in the case of Kishorchandra Chhanganlal Rathod vs Union of India (2024).

The court held that if an order is “manifestly arbitrary” or “irreconcilable to constitutional values,” the court can grant remedies.

In the case Atma Singh & Others vs State of Punjab & Others (2014), the writ petition was properly used by the voter to challenge the legality of the delimitation of constituencies notifications issued under Section 5(5) of the Act, and the Mandal Panchayat elections held pursuant thereto, according to the primary decision.

The Women Reservation Bill

How the women reservation bills affected the delimitation process? The Nari Shakti Vandan Abhiniyam (Women Reservation Bill) reserves 33% or one third of the total seats in both the Parliament and State Legislative Assemblies for women. The bill would be a milestone towards empowering women and promoting gender equality in the nation. It increases the representation of women compared to the current levels.

The bill would lead to several significant changes in the allocation of seats among the states, such as some states gaining or losing seats due to the reservation. It would also affect existing reservations for Scheduled Castes and Scheduled Tribes, as the reservation for women would need to be carved out from the existing seats.

The bill would require amendments to:

• Article 330 of the Constitution – deals with the reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.
• Article 332 – deals with the reservation of seats in State Legislative Assemblies for Scheduled Castes and Scheduled Tribes.

The bill may face several constitutional challenges, particularly regarding the impact on existing reservations and seat allocation.

Why Implementation After 2026?

The government maintains that the delimitation exercise is essential to ensure fair allocation of reserved seats. The 33% reservation for women cannot be implemented until the delimitation is completed. Implementation after 2026 is due to the necessity of a national census followed by delimitation, which involves altering constituency boundaries to reflect population changes.

Historical Background

There were only 24 women Members of Parliament when the first Lok Sabha was formed in 1952. Even during subsequent elections, the situation did not improve significantly.

In 1975, during the tenure of Prime Minister Indira Gandhi, a report titled ‘Towards Equity’ was published. Although reservation for women was discussed, most members of the committee opposed it, arguing women should enter politics on their own merit. Sarojini Naidu, India’s first woman Governor, also viewed reservation and nomination of women as a form of insult.

Efforts During the 1980s and 1990s

During Prime Minister Rajiv Gandhi’s tenure in the 1980s, an attempt was made to pass a bill providing one-third reservation for women in Panchayats and local bodies, but it was opposed by State Assemblies. Eventually, states like Kerala, Karnataka, and Maharashtra accepted up to 30% reservation.

In 1992, the Parliament passed the 73rd and 74th Constitutional Amendments, ensuring 33% reservation for women in Panchayats and Urban Local Bodies.

Journey of the Women’s Reservation Bill

• On 12th September 1996, H.D. Devegowda’s government introduced the reservation bill via the 81st Constitutional Amendment Bill, proposing 33% reservation for women in Lok Sabha and State Assemblies. It failed to pass.
• In 1998, the Atal Bihari Vajpayee government reintroduced the bill, but political opposition stalled it again.
• In the same year, seven women’s organizations launched the Chetna Yatra from Delhi to Chennai and back, protesting Parliament’s anti-women attitude.
• In 1998, a women’s representative conference in Hyderabad expressed support for the bill.
• On 6 May 2008, the bill was reintroduced in the Rajya Sabha and sent to the Standing Committee. It was not passed by the time the Lok Sabha dissolved in 2014.
• The bill was introduced eight times before it was finally passed by both Houses of Parliament in September 2023.

In 2023, 454 MPs in Lok Sabha and all 214 MPs in Rajya Sabha voted in favor of the Nari Shakti Vandan Act. However, the journey is still ongoing. The reservation does not apply to the Upper House of Parliament or State Legislative Councils. The reservation in Lok Sabha and State Assemblies applies to SC/ST categories.

Constitutional Provisions and Amendments

• Article 330A: Reserves one-third of seats in the House of the People for women, including SC/ST categories.
• Article 332A: Reserves one-third of seats in State Legislative Assemblies for women, including SC/ST categories.
• Both articles were added through the 106th Constitutional Amendment Act, passed in 2023 (originally introduced as the 128th Amendment Bill).
• Article 239AA(2)(b): Amended to ensure laws passed by Parliament apply to the National Capital Territory of Delhi.
• Article 334A: Provides that delimitation and reservation for women will be based on census data and apply for 15 years. However, it may be extended by law passed by Parliament. Seats reserved for women will rotate after each delimitation.

The Rationale Behind Reservation

Why women reservation bills or what is the need for a women reservation bill in India? In the general election of UK, a record 263 women MPs, which is 40%, have been elected to the House of Commons. The South African National Assembly has around 45% women representation, while the U.S. House of Representatives has 29%.

What about India? It has been far from satisfactory. The percentage of women MPs in the Lok Sabha had been very low between 5% and 10% till 2004. It rose marginally to 12% in 2014 and currently stands at 14% in the 18th Lok Sabha.

According to the Election Commission of India, the percentage of women representation in Lok Sabha from 1951 to 2004 is just 5% to 8%. It increases a little bit to 14% in 2019. Women representation in Rajya Sabha initially was 6.9%, which means only 15 women representatives. It increased to 10.2% in 2020. The highest women representation in Rajya Sabha was 12.7% in 2014 with 31 representatives.

The need for women reservation bill is in many ways. If a group is not represented proportionately in the political system, its ability to influence in policy-making is limited. Reservation for women, scheduled castes and scheduled tribes reduces discriminations and it’ll lift the voices of them. The reservation of seats for women in the local bodies enable them to make meaningful contributions to Indian politics.

Impact Of The Covid-19 Pandemic

The Covid-19 pandemic has significantly impacted the delimitation process in India, primarily due to the delay in the census. The 2021 census was postponed due to the pandemic, which in turn delayed the delimitation process. The pandemic have affected the quality of census data, which could impact the accuracy of the delimitation exercise.

Travel restrictions and social distancing measures made it difficult for delimitation commission officials to conduct field visits and gather data. The pandemic hastened the shift to online platforms, but technical challenges, such as data security concerns also made limits. The hold up in delimitation made worse the existing disparities in representation.

The pandemic highlighted debates about electoral reforms including the need for changes to the electoral system. As a result of the pandemic, the delimitation commission’s work has been put on hold, and the scheduled delimitation exercise based on the 2021 census has been postponed. This delay has significant effect for the representation of various states in the Lok Sabha and Electoral process.

Conclusion

The exercise of delimitation facing much challenges constitutional amendments and legal and political constraints. These raise questions in equity of representation considering that growth in population and changes in demography are not uniformly distributed across the states. These concerns emphasizes that delimitation is not just a technical exercise but also a politically sensitive one, which can impact the representation of the various communities and regions.

In other countries independent bodies often handle delimitation, but in India, the process can be influenced by political parties, especially when they are in power and other elements. Incorporating independent experts such as academicians and social scientists into the delimitation process could enhance its transparency and impartiality. This could help to weaken the influence of politics and ensure that the delimitation process upholds principles which holds democracy and foster fair electoral competition.

Delimitation is limited by its wanted and unwanted controversies. It should ensure fair balance and uniformity between political representation and constitutional and federal principles. It must ensure the representation and reservation for the women, SCs and STs to empower them. The third gender that exist now are in need of reservation as they are one category among the minorities. Like wise, there must be a room for reservation to the future possible genders too.

Every policy must be neutral and unbiased, should not be favourable for any section of people. As such, the political voices of every corner of the nation should reflect through democracy and the chances should be given identically.

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