Delimitation Of Lok Sabha And Vidhan Sabha Constituencies
One person One vote One Value is fundamental principle of democracy. It ensures political equality to every citizen. In India, every citizen has right to vote irrespective of caste, creed, race and gender. Population of Lok Sabha and Vidhan Sabha Constituencies change over time due to increase in population, migration etc. To ensure one vote one value, delimitation of Lok Sabha and Vidhan Sabha Constituencies are done time to time. Constitution has provided detailed provision for such delimitation.
How delimitation of Lok Sabha Constituencies are done ?
Article 81 (2) provides for principle of delimitation.
Each state will be allotted seats in Lok Sabha in a manner that ratio of population and seats in each state remains the same.
Each State will be divided in territorial constituencies in a manner that ratio of population of each constituency and numbers of seats allotted to it remain the same.
Constitution has provided that delimitation of constituencies will be done on the basis of last published census. But this position has changed due to various amendments.
42nd Amendment | By 42nd amendment allocation of seats to states in Lok Sabha and division of parliamentary constituencies within state was freezed till first published census after 2000. Allotment of seats to states in Lok Sabha and division of parliamentary constituencies were to continue on the basis of 1971 Census. |
84th Amendment | By 84th Amendment allocation of seats to states in Lok Sabha and division of Lok Sabha constituencies within state were freezed till first published census after 2026. For allotment of seats in Lok Sabha was to continue on the basis of 1971 census and division of parliamentary constituencies in states was to be done on the basis of 1991 census. |
87th Amendment | Division of parliamentary constituencies in states was to be done on the basis of 2001 census. |
How delimitation of Vidhan Sabha Constituencies are done ?
Article 170 (2) & (3) deals with delimitation of Vidhan Sabha constituencies within a State. Vidhan Sabha Constituencies have to be divided in a manner that ratio between population of each constituency and number of seats are same throughout the state. The number of seats of Vidhan Sabha has been freezed on the basis of 1971 census till census after 2026. Vidhan sabha seats within a State have to be delimited on the basis of 2001 census till census after 2026.
What is a Delimitation Commission ?
Under Article 81, Delimitation Act is passed by Parliament after each census. A high powered Delimitation Commission is appointed by the President to pass order regarding delimitation of Constituencies. Such orders come into effect from the date specified by the President. Till 1976, after every census delimitation exercise was done. But after 42nd Amendment, delimitation exercise was stalled. After a long gap delimitation exercise was done after 2001 census. But in this delimitation exercise allotment of seats to states in Lok Sabha or total number of seats of Vidhan Sabhas were not changed due to freeze till 2026. Changes were brought in delimitation of Lok Sabha Constituencies/Vidhan Sabha Constituencies within a state.
Following Delimitation Commissions have been constituted since independence.
Delimitation Year | Census Year | Impact on Lok Sabha |
1952 | 1951 | 494 |
1963 | 1961 | 522 |
1973 | 1971 | 543 |
2002 | 2001 | No impact of Number of Lok Sabha Seats & Vidhan Sabha Seats. |
Delimitation Commission For Jammu & Kashmir
Jammu & Kashmir has been reorgnised vide the Jammu & Kashmir Reorgnisation Act, 2019. Jammu & Kashmir has become Union Territory with Legislature. The Jammu & Kashmir Reorgnisation Act provided for delimitation of constituencies on the basis of 2011 census. Delimitation Act, 2002 was amended to that effect.
Govt. of India constituted Delimitation Commission headed by former Supreme Court Judge Ranjana Prakash Desai in 2020. Delimitation Commission has already issued delimitation order. The details are as under:
No of Lok Sabha Seats | 5 |
No. of Assembly Seats | 90 (43 from Jammu & 47 from Kashmir) |
Reservation for SC | 7 |
Reservation of ST | 9 |
Delimitation of Assam
The last delimitation has been done by the Delimitation Commission appointed under the Delimitation Act, 2002. The President has deferred delimitation of Assam, Arunachal Pradesh, Manipur and Nagaland under Section 10 A of the Delimitation Act, 2002 on the ground of security reasons. The government earlier granted power to Delimitation Commission headed by former Supreme Court Judge Ranjana Prakash Desai for delimitation of fours states along with Jammu & Kashmir. But there was a legal issue as delimitation of the four states has to be done by Election Commission under Section 8A of Representation of People Act, 1950.
The Govt removed the four states from the purview of Delimitation Commission and directed the Election Commission to do the delimitation exercise in Assam.
The Election Commission has published draft proposal. Total number of Lok Sabha Seats and Vidhan Sabha seats have not been disturbed due to freeze till 2021. Delimitation has been done on the basis of 2001 census as provided under Article 81 and Article 170. Lowest administrative unit has been taken as village in rural area and ward in urban area. SC Assembly seats have been increased from 8 to 9 and ST Assembly seats have been increased from 16 to 19. The details are as under:
Category | Legislative Constituencies | Parliamentary Constituencies |
General | 98 | 11 |
SC | 09 | 01 |
ST | 19 | 02 |
Total Seats | 126 | 14 |
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.