-
Q.3 How does the Election Commission of India carry out the delimitation of constituencies for State Legislature Assemblies as per the Representation of the People Act, 1951?
- 19,Dec 2024
- Posted By : SPM IAS Academy
- 0 Comments
- APSC2022
- GS2
The Election Commission of India (ECI) oversees the delimitation of constituencies for State Legislative Assemblies under the Representation of the People Act, 1951 and the Delimitation Commission Act.
Delimitation refers to the process of redrawing the boundaries of electoral constituencies to ensure equal representation based on changes in population and to balance constituency sizes. This process is essential for maintaining democratic fairness and effective governance.
Key Steps in the Delimitation Process as per the Representation of the People Act, 1951
1. Constitution of the Delimitation Commission:
- Under the Delimitation Commission Act (first enacted in 1952 and subsequently amended), a Delimitation Commission is established for each periodic exercise. This Commission is distinct from the Election Commission and comprises a sitting or retired Supreme Court judge, the Chief Election Commissioner (CEC), and the State Election Commissioner for each concerned state.
- The President of India issues an order constituting the Delimitation Commission, typically following each Census, although no delimitation has been conducted since 2001, as the process was suspended until 2026 by a constitutional amendment.
2. Collection and Analysis of Population Data:
- The delimitation is based on the latest available Census data to reflect population changes accurately. The population figures help ensure that each constituency has a roughly equal number of voters, promoting equitable representation.
- The Census data are used to allocate seats proportionately across constituencies within each state, ensuring balanced representation for urban and rural areas.
3. Determining Constituency Boundaries:
- The Delimitation Commission delineates constituency boundaries based on population distribution, geographical features, and administrative convenience. Each Assembly constituency is drawn to ensure balanced population distribution, with respect to administrative districts and other local factors.
- For Scheduled Castes (SC) and Scheduled Tribes (ST), the Commission ensures reservation of constituencies in areas with significant SC/ST populations, in line with constitutional provisions.
4. Publication of the Draft Proposal and Public Consultation:
- Once the initial boundaries are defined, the Commission publishes a draft delimitation order and invites objections and suggestions from the public, political parties, and other stakeholders.
- Public hearings are conducted at various stages to incorporate feedback, enabling transparency and ensuring that local communities have a voice in the delimitation process.
5. Final Delimitation Order:
- After considering public feedback, the Commission may revise its draft and issue a final delimitation order. This order is legally binding and comes into effect immediately. The final report is then sent to the President of India, and it cannot be challenged in any court of law, ensuring stability in the electoral process.
- The Election Commission of India subsequently prepares the updated electoral rolls and ensures readiness for elections based on the newly delineated boundaries.
Role of the Representation of the People Act, 1951
The Representation of the People Act, 1951 complements the Delimitation Act by empowering the ECI to conduct free and fair elections based on the new boundaries. It lays down the rules for electoral processes, including provisions for updating electoral rolls, managing reserved constituencies, and coordinating with state election bodies.
The Election Commission of India, through the Delimitation Commission, performs delimitation with a focus on fair representation, transparency, and administrative ease, ensuring that constituencies reflect demographic realities. This process, anchored by the Representation of the People Act, 1951 and constitutional mandates, is central to India’s democratic framework and upholds the principle of “one person, one vote” in an evolving society.
