Author: Pavani Priya Akula, Sri Padmavathi Mahila Viasvavidhyalayam
TO THE POINT
In Indian Constitution Article 82 and Article 170 provides provisions for setting boundaries for the Parliament and state Assemblies which will be done based on the census for every 10 to 15 years for this process a committee was set with Chair Person who may be retired Supreme Court Judge, two members from Chief Election commission and nominee of the Lok Sabha Speaker. the delimitation Act, was came into force in 2002 and it allows to reset the seats and boundaries of Parliament and State Assemblies.
USE OF LEGAL JARGON
Constitutional Provisions
1. Article 82: Provides for the readjustment of parliamentary constituencies after every census.
2. Article 170: Provides for the readjustment of assembly constituencies after every census.
Delimitation Act, 2002
1. Section 3: Defines the term “delimitation”.
2. Section 4: Establishes the Delimitation Commission.
3. Section 5: Specifies the functions of the Delimitation Commission.
4. Section 6: Provides for the publication of the commission’s orders.
5. Section 7: Provides for the finality of the commission’s orders.
Representation of the People Act, 1950
1. Section 8: Provides for the allocation of seats in the Lok Sabha.
2. Section 9: Provides for the allocation of seats in the Legislative Assemblies.
Other Key Terms
1. Delimitation Commission: A body established to redraw the boundaries of parliamentary and assembly constituencies.
2. Constituency: A geographical area represented by a member of parliament or a state legislator.
3. Reservation: The allocation of seats in parliament or state legislatures for scheduled castes and scheduled tribes.
4. Rotational reservation: The rotation of reserved seats in parliament or state legislatures among different constituencies.
TO THE PROOF
Constitutional Documents
1. Constitution of India: Articles 82 and 170, which provide for the readjustment of parliamentary and assembly constituencies.
2. Delimitation Act, 2002: The act that establishes the Delimitation Commission and outlines its functions.
Commission Reports
1. Delimitation Commission Report: The report submitted by the Delimitation Commission, which includes the proposed boundaries of parliamentary and assembly constituencies.
2. Census Data: The data from the latest census, which is used to determine the population of each constituency.
Maps and Geographic Data
1. Constituency Maps: Maps showing the proposed boundaries of parliamentary and assembly constituencies.
2. Geographic Information System (GIS) Data: Digital data showing the geographic features of each constituency.
Public Records
1. Gazette Notifications: Official notifications published in the gazette, which announce the delimitation of constituencies.
2. Public Hearings Records: Records of public hearings held by the Delimitation Commission, which include feedback from stakeholders.
Other Documents
1. Orders of the Delimitation Commission: Official orders issued by the Delimitation Commission, which finalize the boundaries of parliamentary and assembly constituencies.
2. Notifications of the Election Commission: Notifications issued by the Election Commission, which announce the delimitation of constituencies and the schedule for elections.
ABSTRACT
Delimitation is the process where Parliament and state assembly will reset the boundaries on the bases of population censes for every 10 to 15 years. According Article 82 and 170 of Indian Constitution permits to constitute a commission body with a Chair who is retired Chief Justice of Supreme Court and 2 members from chief Election Commission and one from nominee of Lok Sabha Speaker. the delimitation Act was passed in the year 2002 and in 2011 the committee was formed to the project of delimitation and the project was present continuing. The seats of Parliament will be reduced or increased according to the population of the state not only on the bases of population, but also on the bases of geographical boundaries delimitation can be carried out. If the population in one sate is lesser than previous census then the number of parliament seats will be reduced in that particular area, if the population increases then number of seats will be increased.
The commission of delimitation will collect data for all the states in the form of census and also collect public opinion on the particular issue basing on the draft and public opinion on the bases of data and public opinion they will draft a proposal and the committee will finalise the particular draft. By delimitation not only it reset the boundaries and numbers of seats it also reset the reservation of seats in Parliament and the tenure of the reservation. The Government of India was trying to delimitate the seats in the Parliament basing on the population and geographical indications in the nation.
CASE LAWS
Supreme Court Cases
1. Meghnad Saha v. Union of India (1970): The Supreme Court held that the Delimitation Commission’s orders are final and binding.
2. Kuldip Singh v. Union of India (1980): The Supreme Court held that the Delimitation Commission has the power to redefine constituency boundaries.
3. Union of India v. Association of Democratic Reforms (2002): The Supreme Court held that the Delimitation Commission’s orders can be challenged in court on grounds of malafide or arbitrariness.
High Court Cases
1. T.N. Seshan v. Union of India (1994): The Delhi High Court held that the Delimitation Commission’s orders are subject to judicial review.
2. S. Subramaniam Balaji v. Union of India (2004): The Madras High Court held that the Delimitation Commission’s orders can be challenged on grounds of violation of constitutional provisions.
Other Notable Cases
1. Jammu and Kashmir Delimitation Case (2002): The Supreme Court held that the Delimitation Commission’s orders in Jammu and Kashmir were valid and binding.
2. Andhra Pradesh Delimitation Case (2004): The Andhra Pradesh High Court held that the Delimitation Commission’s orders in Andhra Pradesh were valid and binding.
CONCLUSION
Hence, I conclude that Parliament has the supreme authority in making of legislation and any other works and coming to the topic of delimitation it has both the advantages and disadvantages as like of a both sides of the coin. My opinion is that Parliament is the supreme body in India and the legislation which is made by that body will be binding on all the citizens of the nation, and when the delimitation was patricide basing on the population it is not sure that every state will have higher population some sates will have less population and when the seats in that area was receded it may effect the democracy and the government will have more advantages in Parliament during passing of a Bill and the state which have less population will leads to decreasing of the representatives and it may also effect that sate economy.
FAQS
For how many years census will be calculated?
For every 10 to 15 years census will be calculated.
Does delimitation will affect only number of seats in the Parliament?
No, delimitation will also affect the reservation and tenure of reservation.
Which Articles of Indian Constitution deals with delimitation?
Articles 82 and 170 of Indian Constitution deals with delimitation.
