Latest news with #DelimitationAct
Indian Express
2 days ago
- Politics
- Indian Express
Census, followed by delimitation or freeze? The road ahead, likely legal challenges
The current freeze on delimitation — which for the past 50 years has based the allocation of seats to states in the Lok Sabha on the census figures of 1971 — will expire in 2026, unless Parliament passes another Constitutional Amendment Bill by then to extend it. The reason: the Constitution under Article 82 mandates delimitation after each census to readjust the seats as per changes in population. It says, 'Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine.' Article 81 of the Constitution provides for the 'one person, one vote, one value' principle. Article 81 (2) (a) says, 'There shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the state is, so far as practicable, the same for all States.' Article 81 (2) (b) says, 'Each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and number of seats allotted to it is, so far as practicable, the same throughout the State.' With the collection of data for the next census ending by March 1, 2027, the release of census data could coincide with the expiry of the freeze on delimitation. This freeze was put in place first for 25 years through a constitutional amendment in 1976, and again by 25 years through a constitutional amendment in 2002. The reason for the freeze was the concern of the southern states that because their population had stabilised by then, and the population of some northern states had begun to grow at a brisk pace, their representation in the Lok Sabha would go down. To freeze or not to freeze With the Constitution ensuring equality of representation to citizens and not states of the Union, and mandating delimitation every 10 years to adjust the allocation of the seats to population, the only way in which the southern states will not lose representation would have to be another Constitutional amendment. However, with government sources saying that the idea is to have delimitation and then women's reservation in the Lok Sabha elections of 2029, the census is likely to be followed by delimitation. The website of the Election Commission of India says, 'Under Article 82 of the Constitution, the Parliament by law enacts a Delimitation Act after every census. After the commencement of the Act, the Central Government constitutes a Delimitation Commission. This Delimitation Commission demarcates the boundaries of the Parliamentary Constituencies as per provisions of the Delimitation Act. The present delimitation of constituencies has been done on the basis of 2001 census figures under the provisions of Delimitation Act, 2002. Notwithstanding the above, the Constitution of India was specifically amended in 2002 not to have delimitation of constituencies till the first census after 2026. Thus, the present Constituencies carved out on the basis of the 2001 census shall continue to be in operation till the first census after 2026.' In other words, the release of census data will be followed by the passage of the Delimitation Bill in Parliament, unless Parliament suspends the constitutionally mandated process by amending the Constitution to freeze delimitation by, say, another 25 years. Potential legal issues Once the Delimitation Commission is constituted by the Centre, it will use the latest census data to redraw Lok Sabha constituencies. However, it will be bound by Article 81 of the Constitution to redraw these on the basis of the latest population data, unless Article 81 is itself amended. Article 81 may anyway require amendments. For instance, since it limits the strength of the Lok Sabha to 550 under clauses (a) and (b), the strength will have to revised through a constitutional amendment so as to ensure that one MP does not represent too large a population, and to pave way for the reservation of women without cutting down the seats available to men. Article 81 as of now makes one exception to the 'one person, one vote, one value' principle, by giving small states and Union Territories at least one seat even if their population is very low. Since the Constitution is clear about the centrality of this principle in all other cases, the only way the south does not lose relative strength in the Lok Sabha will be by amending Article 81 (2) (a). However, any move to amend Article 81 (2) (a) would be liable to challenge in the Supreme Court as violative of the right to equality enshrined in Articles 14 and 15. The fear in south India is that if delimitation is based purely on population, northern states will get much more seats and thus a very large voice in Parliament. But if the law is amended and they get more seats than they would through the population criterion, then voters in the north and the south are not being treated equally. Even if the principle of reasonable classification — likes be treated alike — is evoked, it will be based on the argument that better social and economic indicators require special protection for southern states. This logic is exactly opposite to the one that permits reservation on the grounds that the state can make special provisions for the backward classes. The delimitation question, thus, has no easy answers, and is likely to lead to much litigation. Vikas Pathak is deputy associate editor with The Indian Express and writes on national politics. He has over 17 years of experience, and has worked earlier with The Hindustan Times and The Hindu, among other publications. He has covered the national BJP, some key central ministries and Parliament for years, and has covered the 2009 and 2019 Lok Sabha polls and many state assembly polls. He has interviewed many Union ministers and Chief Ministers. Vikas has taught as a full-time faculty member at Asian College of Journalism, Chennai; Symbiosis International University, Pune; Jio Institute, Navi Mumbai; and as a guest professor at Indian Institute of Mass Communication, New Delhi. Vikas has authored a book, Contesting Nationalisms: Hinduism, Secularism and Untouchability in Colonial Punjab (Primus, 2018), which has been widely reviewed by top academic journals and leading newspapers. He did his PhD, M Phil and MA from JNU, New Delhi, was Student of the Year (2005-06) at ACJ and gold medalist from University Rajasthan College in Jaipur in graduation. He has been invited to top academic institutions like JNU, St Stephen's College, Delhi, and IIT Delhi as a guest speaker/panellist. ... Read More
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Business Standard
05-06-2025
- Politics
- Business Standard
Explained: India's 2027 census to include caste count, trigger delimitation
After a nearly six-year delay, India's decennial census is finally back on the agenda. It would be conducted in two phases along with the enumeration of castes. India's population census is expected to be released on March 1, 2027. Here is everything known so far. What is the census and why it matters India's census is the largest population count in the world, conducted every 10 years by the Office of the Registrar General and Census Commissioner, under the Ministry of Home Affairs. It collects detailed data on age, sex, language, religion, education, occupation, housing, and more, forming the bedrock of policy planning, welfare targeting, infrastructure development, and electoral boundary drawing. The upcoming 2027 census is expected to be 'digital-first' for quicker processing. This will also be the first time since 1931, that the census will include a nationwide caste enumeration. Timeline and structure of census 2027 The exercise will unfold in two key phases: House listing (March–September 2026): Data on housing and households. Population Enumeration (February 2027): The actual headcount. Reference date: March 1, 2027 (October 1, 2026 for snow-bound Himalayan regions, such as Uttarakhand, Himachal Pradesh, Ladakh and Jammu and Kashmir). Final data: Likely released around late 2027 to 2030, after cleaning and verification. The government has committed 2.5-3 million enumerators to the task, with digital systems expected to reduce processing time. Nationwide caste census returns India will count castes across all communities, not just Scheduled Castes (SCs) and Scheduled Tribes (STs), marking a historic policy shift. What's a caste census? A caste census systematically records the caste identities of individuals, providing detailed socio-economic data across all caste groups. This data collection aims to inform and refine government policies, ensuring that welfare schemes and reservation benefits are effectively targeted to address disparities and promote social justice. It also gathers socio-economic data (education, income, employment, etc), which can influence reservation policies and welfare schemes. Why has the Centre agreed to conduct a caste census? The renewed push for a caste census stems from mounting political pressure by the opposition INDIA bloc. Recent state-level surveys in Bihar, Karnataka, and Telangana have also revealed a significant share of OBC and EBC populations, prompting calls to update outdated data. The current 27 per cent OBC quota still relies on figures from the 1931 census, highlighting the need for a more accurate and contemporary demographic assessment. Delimitation to follow the census The next delimitation exercise is expected after the 2027 census, the first since 2011. To do so, Parliament must enact a new Delimitation Act and may need to amend Article 81 to increase the total number of Lok Sabha seats, currently capped at 550. The Delimitation Commission will then redraw constituency boundaries based on updated population data. The 42nd and 84th Amendments froze seat allocation across states until after the census conducted post-2026. What is delimitation, and why is it contentious? Delimitation is the process of redrawing the boundaries of parliamentary constituencies to reflect population changes. Mandated by Article 82 of the Constitution, it ensures equal representation by adjusting seats based on the latest census data. The last delimitation was based on the 2001 census, but the number of Lok Sabha seats (543) has remained unchanged since 1976. Southern states like Tamil Nadu and Kerala, which have successfully controlled population growth, fear losing representation in Parliament. In contrast, northern states with higher population growth, such as Uttar Pradesh and Bihar, stand to gain more seats. This potential shift has caused southern state leaders to raise concerns about penalising states that have implemented effective population control measures. However, the 33 per cent reservation for women in Parliament (passed in 2023) is linked to delimitation, further complicating matters. Why has the census been delayed? Originally due in 2021, India's decennial census has faced repeated postponements, making it the longest delay in the country's census history. The government initially cited the Covid-19 pandemic as the main reason for the delay. The house-listing phase was set to begin in 2020 but was paused as the pandemic hit. Subsequent delays occurred even after normalcy returned, with no formal explanation provided by the government. Critics have questioned the prolonged pause, pointing to the risks of outdated data being used for welfare schemes, resource allocation, and policy decisions in the world's most populous country.
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Business Standard
30-04-2025
- Politics
- Business Standard
SC reserves verdict on plea for delimitation exercise in AP, Telangana
The Supreme Court on Wednesday reserved its verdict on a plea seeking directions to the Centre for holding the delimitation exercise to increase the assembly seats in Andhra Pradesh and Telangana. A bench of Justices Surya Kant and N Kotiswar Singh reserved its decision on a plea filed by K Purushottam Reddy who contended that holding delimitation exercise only in Union Territory of Jammu and Kashmir and excluding Andhra Pradesh and Telangana was unconstitutional. The petitioner's counsel said he was seeking parity with UT of Jammu and Kashmir and delimitation exercise be taken in Andhra Pradesh and Telangana. Additional solicitor general K M Nataraj, appearing for the Centre, referred to Section 26 of the Andhra Pradesh Reorganisation Act and said the delimitation process could be undertaken only after the 2026 census concluded. He said delimitation was a humongous exercise and couldn't be undertaken overnight. Nataraj said the delimitation exercise in J-K was in the case of Union Territory and couldn't be equated with the state. The counsel for the petitioner opposed the distinction being drawn between the UT and a state and contended that Assam, Arunachal Pradesh, Manipur and Nagaland were included in the prior delimitation notification issued by the Centre, but not Andhra Pradesh and Telangana, though the northeastern states were also governed by Article 170 of the Constitution. The bench asked him whether it was his argument that as and when the power was exercised by the Centre under the Delimitation Act, it must apply to all states uniformly. He said states would also include Union Territories also as far as notification for delimitation was concerned and referred to Section 2(f) of the Delimitation Act. "States of AP and Telangana which came into existence around five years before J-K notification were not included. In subsequent notification, the northeastern states were also omitted. Reason given for exclusion was not Article 170. I am submitting that their exclusion from the delimitation exercise was wrong," he added.
