Delimitation 2027: Reshaping India’s Democracy

Context

The delimitation exercise in India after 2027 will become a historical moment in the Indian political history where the possibility of a drastic turnover in political power of the southern and western states to the northern states will occur, depending on their varying population growth rates. Redrawing of the constituencies is in the hands of an independent Delimitation Commission formed by the Union government.

The Context of Delimitation after 2027

Delimitation is the process of redrawing electoral constituency boundaries to ensure that each constituency has a roughly equal population, thus upholding the principle of “one person, one vote, one value”.

• Constitutional Mandate: Articles 82 and 170 of the Constitution provide that after each and every Census, the Lok Sabha and State Assembly seats should be adjusted.
• The Freeze: The 42 th Amendment of 1976, that is, 1971 Census-Freeze, frozen the distribution of seats among states in order to not penalize states that had managed to put in place measures to control population.
• Extension: The 84 th Amendment Act, 2001, extended this freeze to the first Census to take place after the year 2026.
• Status Quo: This freeze is practically terminated with the next Census 2027 (delayed to 2021). Next delimitation exercise will be the Census 2027 which will be the first inter-state reallocation exercise in almost 5 decades.

The Redrawing Power: Delimitation Commission

The authority responsible for the delimitation is the Delimitation Commission, a high-power, independent, and quasi-judicial body whose orders have the force of law and cannot be challenged in any court.

• Formation: It is made up of the Central Government under the provisions of a Delimitation Act enacted by the Parliament (the new one will be repealing the Delimitation Act, 2002).
• Composition: The commission typically consists of:
  • A retired Supreme Court judge as the Chairperson.
  • The Chief Election Commissioner (or a nominee).
  • The respective State Election Commissioners as ex-officio members.
• Functions: Its key functions include:
  • The number and limits of Lok Sabha and State assembly seats.
  • This is the distribution of seats that are allocated to Scheduled Castes (SCs) and Scheduled Tribes (STs) which is done depending on their percentage of the population.
  • To give the benefit of geographical compactness and convenience.
• Independence: The Commission is autonomous and there is constitutional restriction against political interference even though there are public hearings and even input of associate members (MPs/MLAs) involved in the process.

Potential Implications and Concerns 

The post-2027 delimitation presents a major challenge to India’s federal balance, creating a “moral paradox”.

• The North-South Divide: Southern states, which managed to manage their population effectively, will lose their political weight (in proportion of the number of seats) whereas northern states with greater growth of their population will receive massive representation. This can be passed off as a penalty to good governance and threat to federal spirit.
• Reshaping Coalition Politics: The huge change in seats towards the Hindi heartland would change the nature of government formation where regional parties and smaller states may lose their bargaining power.
• Constitutional and Legal Issue: A population-only based delimitation may be subject to legal difficulties the unequal value of the votes relying on the outdated 1971 data can be contested under Article 14 (right to equality) so long, a new freeze may be challenged.
• Women Reservation: The 106 th Constitutional Amendment Act The 106 th Constitutional Amendment Act ties the introduction of 33 percent women reservation to the delimitation exercise, implying that this may also be implemented only after the delimitation is done.

Possible Solutions and the Way Forward

Experts have proposed various solutions to balance democratic principles with federal equity:

• Expansion of the Freeze: The freeze on inter-state redistribution of seats is further extended until the rates of population convergence at the national level.
• Increasing the number of Lok Sabha seats: This is where the total number of Lok Sabha seats (e.g. 750-888) are increased, such that no state is deprived of its existing number of seats, but that gains are proportionate to population growth.
• Weighted Formula: The use of a composite form of seat allocation where the weight of the formula is based on the population and development indicators (e.g., literacy, health and population control measures) as is the case with the Finance Commission model of tax devolution.
• Reform of the Rajya Sabha: Making the Upper House more federal (and, perhaps, to a greater degree) by making its representation of states more equitable, perhaps by reinstating the domicile qualification or by creating a tiered system.
• Transparent Process: To make sure that the next Delimitation Commission works in high transparency, it is recommended that it should be accompanied by extensive public consultations and expert contributions to develop a consensus and trust.

Source: The Hindu

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