Delimitation Commission

Why in news?

• The J&K Delimitation Commission proposed to increase six seats for the Jammu division and one for the Kashmir division, besides reserving 16 seats for the Scheduled Caste (SC) and Schedule Tribe (ST) communities in the Union Territory, evoking sharp reactions from the regional parties.

Delimitation:

• Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body.
• The job of delimitation is assigned to a high power body. Such a body is known as Delimitation Commission or a Boundary Commission.

How delimitation is carried out?

• Under Article 82, the Parliament enacts a Delimitation Act after every Census.
• 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
• 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.
• These orders come into force on a date to be specified by the President of India in this behalf. The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.

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.

PRACTICE QUESTION

With reference to the Delimitation Commission, consider the following statements:

1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.

2. Constitution empowers the Parliament to enact a Delimitation Act after every census.

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