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Delimitation Commission

2021 JUL 3

Preliminary   > Polity   >   Election   >   Miscellaneous

Why in news?

  • The Delimitation Commission, tasked to carve out new constituencies in Jammu & Kashmir, will be on a four-day visit to the Union territory from July 6 to 9 to hold talks with political parties, district officials and other stakeholders and gather “first hand information” on the ongoing process of redrawing the boundaries there.

About Delimitation

  • Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country to represent changes in population.
  • It is to provide equal representation to equal segments of a population and thereby uphold the principle of “One Vote One Value”.
  • Under Article 82, the Parliament enacts a Delimitation Act after every Census.
  • The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India.
  • The Delimitation Commission in India is a high-power body whose orders have the force of law and cannot be called in question before any court.
  • Under Article 170, States also get divided into territorial constituencies as per Delimitation Act after every Census.
  • Once the Act is in force, the Union government sets up a Delimitation Commission.
  • The first delimitation exercise was carried out by the President (with the help of the Election Commission) in 1950-51.
  • The Delimitation Commission Act was enacted in 1952.
  • Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.
  • There was no delimitation after the 1981 and 1991 Censuses.

Delimitation Commission

  • The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India.
  • Composition:
    • Retired Supreme Court judge
    • Chief Election Commissioner
    • Respective State Election Commissioners

Functions:

  • To determine the number and boundaries of constituencies to make population of all constituencies nearly equal.
  • To identify seats reserved for Scheduled Castes and Scheduled Tribes, wherever their population is relatively large.
  • In case of difference of opinion among members of the Commission, the opinion of the majority prevails.
  • The Delimitation Commission in India is a high-power body whose orders have the force of law and cannot be called in question before any court.

Prelims Question:

Consider the following statements regarding  Delimitation Commission: 
1.Article 82 of the Indian Constitution empowers the Parliament to enact a Delimitation Act after every census.
2.The orders of the Delimitation Commission cannot be questioned before any court or modified by the legislatures.
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2

Answer to prelims question