The Delimitation Act, 2002 is a significant legislation in India that provides the framework for the delimitation (redrawing of boundaries) of parliamentary and assembly constituencies. The Act was enacted to ensure equitable representation and address demographic shifts by periodically readjusting constituency boundaries.
1. Background and Purpose:
a. Need for Delimitation:
- The delimitation of constituencies is essential to ensure that each constituency represents a roughly equal number of voters.
- Population changes, migration patterns, and demographic shifts over time necessitate periodic adjustments to constituency boundaries to maintain electoral equality.
b. Constitutional Mandate:
- Article 82 of the Constitution of India mandates the delimitation of parliamentary constituencies after every census to ensure proportional representation.
- Article 170 similarly requires the delimitation of assembly constituencies by the Delimitation Commission.
2. Key Provisions of the Delimitation Act, 2002:
a. Establishment of Delimitation Commission:
- The Act provides for the appointment of a Delimitation Commission by the President of India to undertake the delimitation process.
- The Commission consists of a Chairperson and four other members, including the Chief Election Commissioner or Election Commissioner nominated by the Chief Election Commissioner.
b. Criteria for Delimitation:
- The Delimitation Commission is guided by specific criteria outlined in the Act, including geographical features, administrative boundaries, and considerations of community, language, and cultural homogeneity.
- The Commission aims to ensure that each constituency has approximately the same number of voters, subject to certain exceptions based on geographical and administrative considerations.
c. Publication of Draft Proposals:
- The Delimitation Commission prepares draft proposals for the delimitation of constituencies and publishes them for public scrutiny and feedback.
- Citizens, political parties, and other stakeholders are given the opportunity to submit objections and suggestions regarding the proposed boundaries.
d. Consideration of Objections and Finalization:
- The Delimitation Commission considers the objections and suggestions received and makes necessary modifications to the draft proposals.
- After due deliberation, the Commission finalizes the delimitation order, specifying the boundaries of parliamentary and assembly constituencies.
e. Implementation and Legal Validity:
- The delimitation order prepared by the Commission has the force of law and is binding on all stakeholders, including election authorities, political parties, and candidates.
- The new constituency boundaries come into effect for the purpose of elections following the issuance of the delimitation order.
3. Impact and Importance:
a. Ensuring Electoral Equality:
- The Delimitation Act, 2002, plays a crucial role in upholding the principle of ‘one person, one vote’ by ensuring that each constituency represents a similar number of voters.
- By readjusting constituency boundaries, the Act aims to prevent malapportionment and ensure proportional representation in legislative bodies.
b. Addressing Demographic Changes:
- Population growth, urbanization, and migration can lead to demographic shifts that necessitate the realignment of constituency boundaries.
- The Delimitation Act provides a mechanism to address these changes and maintain the integrity of the electoral process.
Conclusion:
The Delimitation Act, 2002, serves as the legal framework for the delimitation of parliamentary and assembly constituencies in India. Through its provisions, the Act ensures electoral equality, addresses demographic changes, and upholds the principles of democracy and representation. By periodically readjusting constituency boundaries, the Act contributes to the fairness and transparency of the electoral process, ensuring that elections accurately reflect the will of the people.
