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Constitutional Law

Delimitation in Electoral System

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 18-Dec-2023

Source: The Hindu

Introduction

The cornerstone of democratic governance lies in the fundamental right to vote, yet the integrity of this right can face dual threats that are quantitative and qualitative dilution through the intricacies of constituency delimitation in electoral system.

Quantitative dilution happens when the weight of individual votes is distorted by substantial population deviations among constituencies. Meanwhile, qualitative dilution transpires when gerrymandering manipulates constituency boundaries, diminishing a voter's ability to elect a representative of their preference. Consequently, the process of delimitating constituencies emerges as a pivotal factor that either fortifies or undermines the foundations of democracy.

The government also formed delimitation commissions for constituencies to ensure the margin of vote based on population factor.

What are the Major Articles in Constitution to Ensure Equal Protection of Voting Rights?

  • Article 80:
    • This article pertains to the composition of the Rajya Sabha, which is the Council of States in the Indian Parliament.
    • It deals with the allocation of seats in the Rajya Sabha to the states and union territories.
  • Article 170:
    • This article relates to the composition of the Legislative Assemblies in the states.
    • It outlines the number of seats in the Legislative Assembly, the allocation of seats to different territories, and other related matters.
  • Article 327:
    • Article 327 of the Indian Constitution deals with the power of Parliament to make laws with respect to the conduct of elections to the Parliament and to the Legislatures of States.
  • Article 330:
    • Article 330 deals with the representation of Scheduled Castes (SCs) and Scheduled Tribes (STs) in the House of the People (Lok Sabha), the lower house of the Indian Parliament.
    • It ensures that these communities are adequately represented in the Lok Sabha.
  • Article 332:
    • Similar to Article 330, Article 332 deals with the representation of SCs and Scheduled Tribes (STs), but in the Legislative Assemblies of the states.
    • It ensures adequate representation of these communities in the state legislatures.

What were Contributions of Delimitation Commissions Formed by Government?

  • First Delimitation Commission (1952):
    • The first delimitation order in 1956 identified 86 constituencies as two-member constituencies.
    • The Two Member Constituencies (Abolition) Act, 1961, abolished the two-member constituencies.
  • Second Delimitation Commission (1962):
    • The second delimitation order in 1967 increased the number of Lok Sabha seats from 494 to 522 and State Assembly seats from 3,102 to 3,563.
  • Third Delimitation Commission (1972):
    • The third delimitation order of 1976 increased the number of Lok Sabha and State Assembly constituencies to 543 and 3,997, respectively.
    • The 42nd Amendment Act in 1976 froze the population figure of the 1971 Census for delimitation until after the 2001 Census.
  • Fourth Delimitation Commission (2002):
    • The Delimitation Act, 2002 did not give power to the Delimitation Commission to increase the number of seats.
    • The Commission was allowed up to a 10% variation in the parity principle.
    • The fourth Delimitation Commission was able to reassign reserved constituencies, increasing the number of seats for SCs from 79 to 84 and STs from 41 to 47 based on the increase in population.
    • A moratorium was extended until the first Census after 2026 for any further increase in the number of seats.

Why is Another Delimitation Required?

  • In some Indian states like Rajasthan, Haryana, Bihar, Madhya Pradesh, Uttar Pradesh, Jharkhand, and Gujarat, the population has grown a lot (more than 125%) from 1971 to 2011.
  • On the other hand, states like Kerala, Tamil Nadu, Goa, and Odisha have controlled their population growth (less than 100%) through strict measures.
  • This difference in population growth has led to a significant imbalance in the value of votes in different states.
  • For instance, in UP, one Member of Parliament (MP) represents about 2.53 million people, while in Tamil Nadu, an MP represents around 1.84 million people.
  • This creates a quantitative dilution in the value of votes.

Way Forward

  • The imminent need for delimitation demands swift action to prevent further deviation in the population-representation ratio.
  • Prioritizing the protection of southern states’ interests is essential to avoid weakening their parliamentary representation.
  • The upcoming Delimitation Commission must not only rectify quantitative dilution of vote value but also tackle qualitative dilution to ensure adequate representation for minorities of each state.