Population-Based Delimitation: Resulting In Unequal Representation
Avadhesh Deo Pandey
25 Jan 2025 10:50 AM IST
Democracy is the rule of people, by the people,[1] In a democratic system, people rule themselves either by themselves or by their elected representatives. There are two types of representative systems: proportional and territorial. The territorial representation system is based on constituencies or districts, where an elected representative represents the people residing in a...
Democracy is the rule of people, by the people,[1] In a democratic system, people rule themselves either by themselves or by their elected representatives. There are two types of representative systems: proportional and territorial. The territorial representation system is based on constituencies or districts, where an elected representative represents the people residing in a particular geographical area. These constituencies are comprised of two things: land and the population residing therein.[2] In India, we have adopted the territorial representation system where an elected member represents a constituency. The process of determining and defining the boundaries of these constituencies is referred to as delimitation or redistricting.[3] The process of delimitation or redistricting is significant for two reasons: first, it determines the units of area and population to be represented; and second, the composition and structure of these units influence the extent of political influence and effectiveness of different parties.[4]
The Constitution also provides the framework for the delimitation exercise, article 81(2) provides that the ratio of the number of seats in the House of People and their population in all states shall be the same and the population ratio among all seats in a state shall be same as far as practicable. Furthermore, it requires that each state be divided into constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to it remains consistent, as far as practicable. The article further provides that the population for this purpose shall be ascertained based on the data from the last preceding census. The constitution also provides the framework of the delimitation exercise. Article 170(2) contains provisions similar to those in Article 81(2) concerning the readjustment of boundaries for State Legislative Assemblies.
Article 82 provides for the reallocation of seats following each census. It mandates that, after every census, the reallocation of seats in the House of the People among the states and the division of each state into territorial constituencies shall be carried out by such authority and in such manner as Parliament may, by law, determine. Furthermore, Article 327 empowers Parliament to enact laws concerning elections and the delimitation of constituencies. In the exercise of these powers, Parliament enacted the Delimitation Commission Acts of 1952, 1962, 1972, and 2002, respectively.[5] Prior to this, the first general elections of 1951-52 were conducted based on constituencies that were reapportioned by the Election Commission.[6]
The first three Delimitation Commissions worked effectively in delimiting the seats, determining their boundaries and total number of seats according to the population but the problem started with 42 Constitutional Amendment Act 1976 when the process of delimitation was postponed till after the release of the 2001 census data. The argument behind this amendment was that the states that controlled their population should not be penalized or disadvantaged for effectively implementing population control policies.[7]
Further, by the 84th Constitutional Amendment Act of 2002, the delimitation process was again postponed till the first census after 2026. Although the delimitation process was not completely frozen by this Constitutional Amendment, sections 8 and 9 of The Delimitation Act 2002 provided provisions for the readjustment of the constituencies. The boundaries of the Constituencies of the House of People and State Assemblies were redrawn based on the 2001 population data. However, the total number of constituencies in the House of the People and State Assemblies shall remain fixed, as determined by the 1971 census.[8]
The delimitation exercise was frozen in 1976 because using population as the sole criterion for readjusting and delimiting the seats in the House of the People would unfairly penalize states that had effectively implemented family planning measures.[9] During 2001-02 the delimitation process was again postponed based on the National Population Policy 2000, which estimated that the country would achieve the replacement population growth rate by the year 2026 when the birth rate and death rate would stabilize and there would be equal population growth rate across the country.[10] The National Population Policy 2000 recommended that “in order to enable state governments to fearlessly and effectively pursue the agenda of population stabilization” the freeze on the number of seats should be extended up to 2026.[11]
The Total Fertility Rate (TFR) is the core factor in population growth. If, on average, women give birth to 2.1 children and these children survive to the age of 15, each woman will have replaced herself and her partner upon death. A TFR of 2.1 is considered the replacement growth rate. When the TFR exceeds 2.1, the population in a given area will increase, whereas if the TFR is below 2.1, the population in that area will decline.[12]
The current situation in India reveals varying Total Fertility Rates (TFR) across different states. According to the Economic Survey 2023-24, which incorporates the most recent data from the National Family Health Survey-5 (NFHS) 2019-21, Table 8.18 of the survey provides the TFR data for various states. States in North India have TFRs above the replacement growth rate such as Uttar Pradesh (TFR 2.4), and Bihar (TFR 3.0) whereas states in South India like Andhra Pradesh (TFR 1.7), Kerala (TFR 1.8), and Tamilnadu (TFR 1.8) have TFRs below the replacement growth rate. This data indicates that asymmetrical population growth persists across the country.[13]
Recently, Parliament passed the 106th Constitutional Amendment Act, which introduced Article 334A into the Constitution, providing for the reservation of one-third of the total seats in the Lok Sabha and State Assemblies for women for a period of 15 years. This reservation can be further extended by law by Parliament and will be applied on a rotational basis after each delimitation exercise. Also, this reservation will be applicable after delimitation of constituencies of the House of People based on first census after the implementation of this act. Furthermore, the constitutional freeze imposed by the 84th Amendment will expire in 2026. Consequently, with the expiration of the constitutional freeze in 2026, the Bihar caste-based survey, and the amendment guaranteeing reservation for women in Parliament, the issue of delimitation is once again brought to the forefront.[14]
Studies carried out by various scholars show that due to such unequal population growth between the states of North and South India, the southern states will suffer a loss in terms of seats in the House of People as compared to the northern states. Studies by various scholars indicate that, due to the population imbalance between southern and northern states, the southern states may either lose their representation in the House of the People or receive fewer seats compared to the northern states. This disparity in population growth has risen after the 1970s due to slower population growth in southern states as compared to the states in North India.
“One person – one vote – one value” is a fundamental principle of territorial representative democracy. Articles 81 and 170 of the Constitution also mandate the application of this principle “as far as practicable” by providing that the ratio of population and number of seats shall be the same across all states and the ratio of population of each seat and number of seats within states for the House of People as well as for State Assemblies.
If the population-based delimitation exercise takes place after 2026, as provided in the Constitution, some states will lose some constituencies of the House of People if the number of seats is kept the same as it is now. If the number of seats is increased, there will be only a nominal increase in the total number of seats in the states where population growth has been very slow, and there will be a significant increase in the number of constituencies or seats in the House of People where population growth has been very fast and uncontrolled since the 1970s.
Recently, the Tamil Nadu State Assembly passed a resolution opposing the proposed delimitation exercise following the first census after 2026. The resolution asserts that the delimitation should be based on the 1971 census rather than the census of 2026 or any subsequent census. The argument put forward is that these states should not be penalized for successfully implementing socio-economic policies and population control measures.[15]
Where special provisions are enshrined in the Constitution to safeguard the interests of each state. For example, the 31st Constitutional Amendment has excluded states with populations of less than six million from the population-based delimitation exercise outlined in Article 81. This makes it clear that the rule of distribution of constituencies based on population does not apply equally to all the states. For this reason, some scholars argue on this basis that when some states have been excluded from this rule, why can't other states be excluded from it or why should it be strictly applied to other states, especially those states whose representation is likely to decrease in the House of People after population-based delimitation.
Given this context, it is imperative to reconsider whether population should remain the sole criterion for delimitation or if alternative criteria such as demographic performance could be adopted for the apportionment of seats. Demographic performance, as utilized by the 15th Finance Commission in the distribution of finances, evaluates states' efforts to control their population, with assessments based on the Total Fertility Rate (TFR). States with lower TFRs have been deemed to exhibit higher demographic performance.[16] The question arises whether demographic performance, among other factors, could serve as a legitimate basis for delimitation in the future.
Author is LLM Student, The Indian Law Institute, New Delhi. Views Are Personal.
Britannica, Abraham Lincoln: Qoutes, available at: https://www.britannica.com/quotes/Abraham-Lincoln. (last visited on Jan 15, 2025). ↑
Mohd. Sanjeer Alam and K.C. Sivaramakrishnan Fixing Electoral Boundaries in India: Laws, Processes, Outcomes and Implications for Political Representation(ed.) 4 (Oxford University Press, New Delhi, 1st edn., 2015). ↑
Ibid. ↑
Nagesh Jha “Delimitation of Constituencies: A Plea for Some Effective Criteria” 24(2) The Indian Journal of Political Science 129 (1963). ↑
The Delimitation Commission Act 1952 (81 of 1952), The Delimitation Commission Act 1962 (61 of 1962), The Delimitation Act 1972 (76 of 1972), The Delimitation Act 2002 (33 of 2002). ↑
Supra note 4 at 131. ↑
Aditi. “Politics of Electoral Reform: Delimitation Deadlock in India” 2(2) SOAS Law Journal 52 (2015). ↑
A.K. Verma “Issues and Problems with India's Delimitation Exercise” 63(4) The Indian Journal of Political Science 377 (2002). ↑
Supra note 7 at 47. ↑
Supra note 8 at 382. ↑
K.C. Sivaramakrishnan “North South Divide and Delimitation Blues” 35(35/36) Economic and Political Weekly 3093 (2000). ↑
Britannica, Fertility Rate, available at: https://www.britannica.com/topic/fertility-rate. (last visited on Jan 15, 2025). ↑
Economic Survey 2023-24, Data of HFHS- 5 (2019-21) available at: https://www.indiabudget.gov.in/economicsurvey/doc/stat/tab82.pdf. (last visited on Jan 16, 2025). ↑
Alok Prasanna Kumar “Delimitation and Reservation” 58(42) Economic and Political Weekly (Oct. 21, 2023) available at: https://www.epw.in/journal/2023/42/law-and-society/delimitation-and-reservation.html. (last visited on Jan 16, 2025). ↑
Divya Chandrababu “Tamilnadu Passes Resolution Against Delimitation and 'One Nation One Poll” Hindustan Times (Feb 15, 2024) available at: https://www.hindustantimes.com/india-news/tamil-nadu-passes-resolutions-against-delimitation-one-nation-one-poll-101707936783995.html. (last visited on Jan 03, 2025). ↑
Meghana Paul and Vastav Irava “The 15th Finance Commission and Changes in the Devolution Formula: Which States Stand to Lose? Centre for Policy Research (May 4, 2021) available at: https://accountabilityindia.in/blog/15th-finance-commission-report-devolution-formula-accountability-initiative/#:~:text=The demographic performance is measured,of Gujarat will be 0.5. (last visited on Jan 16, 2025). ↑