Delimitation, Electoral Democracy and Asymmetric Federalism:
Fairness and Harmony is the Key
Anurag Deep, Professor, CLC
Faculty of Law, University of Delhi
III. Evolution of Constituencies 2
VII. Comparative Jurisdictions 6
Anurag Deep, Professor, CLC
Faculty of Law, University of Delhi
Introduction
इमदेवा असपत्रं सुवध्यं महते क्षत्राय महते जयेष्ठाय महते जानराज्यायेंद्रस्येदाय
[यजुर्वेद (9/40) अर्थात ‘राजा का निर्वाचन प्रजा इसी प्रयोजन से करती है कि सब प्रकार की विपत्तियों से वह प्रजा की रक्षा करें, वह सबसे ज्येष्ठ हो अर्थात सर्वोपरि हो, उसके नेतृत्व में जनता का प्रभुत्व कायम रहे।]
[people choose their king with the purpose that he will secure the people from all difficulties, he will be senior or supreme, in his leadership the sovereignty of people will be established ]
Every State and country has its territorial boundary. It is a mark of sovereignty. Democracy is the best gift a sovereign nation can possess. Elections are pre conditions for modern democracies. For the purpose of elections there are boundaries in which a candidate can fight elections and a voter can vote.This is called electoral constituencies. In India there are constituencies for Parliament which elect MPs for Lok Sabha and Rajya Sabha. Similarly for the States. We have elections at local levels also. While the territory of States and country do not have organic growth, the electoral constituencies do have organic growth primarily because of population.
The architects of the Constitution of India were conscious of this organic growth. They provided for article 82 and 170(3) to deal with “Readjustment after each census”. And such a readjustment process is mandatory because only then the fair representation of people can be ensured.
Delimitation
The readjustment or the “act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body” is called delimitation. It is a huge task which is pursued by a body called Delimitation Commission or a Boundary Commission. The Parliament has the power to make law on this. When our republic “Bharat” began its journey in 1950, the constitution of India prescribed that the Lok Sabha shall have a maximum of 500 MPs.[article 81(1)(a) Original Constitution]. When the first Lok Sabha was constituted in 1952 the number of MPs was 497.[some news paper sources state it was 494] [Now it is 543]
Evolution of Constituencies
In India, there are four enactments to create four different Delimitation Commissions.They were
The Delimitation Commission Act, 1952,
The Delimitation Commission Act, 1962,
The Delimitation Act, 1972,
The Delimitation Act, 2002.
“Delimitation Commission conducts public sittings in all concerned States/Union.”
First Delimitation Commission Act came in 1952. In the 1950s more new states were created. States like Jammu and Kashmir, Junagarh and Hyderabad integrated into India. India had 14 states and six Union Territories. Delimitation was done. The Constitution was amended. Elected seats increased from 500 to 550 and 20 additional for Union Territories. After the 1957 election the number of elected MPs in 2nd Lok Sabha were 503. After 1962 it increased to 522 and 543, when the population was 36.1, 43.9 and 54.8 crore respectively. In the 1971 census our population was 54.8 Crore. The number of MPs in Lok sabha was fixed at 543.
Chart was created based on data by the Hindu news Paper
IV. Census
The delimitation is determined on the basis of census. It also decides the reserved seats especially for SCSTs. Census is done under Census Act, 1948. It is conducted after each ten years. The last census was done in 2011. On March 28, 2019 the government decided to conduct Census 2021. This was proposed to be done through “digital means, using mobile applications, where the provision of self-enumeration” was available. Privacy and data security measures were also taken seriously for zero leak. In 2019 a pre-test was conducted in 76 districts of 36 States and Union Territories. Over 26 lakh people were covered in the drive. For Census 2021, 31 questions were identified for the first phase.” With expenditure of Rs. 24.84 crore Mobile and Web applications for collection of data and monitoring of various Census related activities have been developed. On July 30, 2019 three months after Census 2021 was notified, another notification for updating the National Population Register (NPR) under the Citizenship Act, 1955 was published. The NPR, which is the start of the creation of the National Register of Citizens (NRC), was first collected in 2010. It was updated in 2015. It has data of 119 crore residents, and was to be updated with the first phase of Census 2021. This time, there has been no official announcement regarding the NPR.
V. Covid 19
However, Census 21 became the casualty of Covid-19. It was delayed. On June 16, 2025 the Government notified that the Census will begin from March 1, 2027. But for Ladakh and snow-bound areas of J&K, Himachal Pradesh & Uttarakhand where it'll be 1st October 2026. April 30, 2025 the government decided to include caste census for the first time.
VI. The Issue
The population based parliamentary constituency was conceived in 1950 for fair representation of the people. However, it was found that this formula is disadvantageous to those States and regions which are trying to follow the policy of population control. Those states which failed to follow the population policy have a greater rate of population than a few other states. Therefore, the followers of population policy can get a lesser share in Lok sabha seats while others will be incentivised and rewarded for not following population policy because their Lok Sabha seats will increase in higher proportions. Therefore, in 1976 through 42nd amendment the Parliament fixed the 1971 census as a bench mark for the seats in Lok sabha for 25 years ie upto 2001. It was thought that in 25 years the States will appreciate the controlled growth of population. But history repeated. The states especially north continued to grow in adding more voters vis a vis the south. “Smaller states in the north like Punjab, Himachal Pradesh and Uttarakhand, as well as the northeastern States are bound to be at a disadvantage.” It was a joint failure of State and central governments. The remedy was also repeated. The Constitution (Eighty-fourth Amendment) Act, 2001 amended article 82 to further extend the freeze to next 25 years, ie 2026. As history loves to repeat there was hardly any indication of change in growth of population of north states vis a vis south. The same question is before us. Should we freeze it a third time to 2051? Or should we find a way out. A data suggests as under:
Based on the above data, the population of stakeholders in mind, 4 states[UP, Bihar, Rajasthan, MP] currently have 32 percent share in Lok sabha. South States have 24% share. If the Lok Sabha seat increases to 848 the percentage of seats in North will increase in greater proportion than south, north east and smaller states.
VII. Comparative Jurisdictions
The USA also faced this problem. Since 1913 the population of the USA was 9.4 crore. The seats were 435 in the House of Representatives (like our Lok Sabha). In 2025 the population is 34.7 crore but the seats are still 435. The population is nearly four fold but seats are as it is. What is noticeable is that in India for 150+ crore we have 543 MPs in Lok Sabha. Going by US data the representatives ought to be 1500+.
However, the USA uses the ‘method of equal proportion’ to redistribute seats after every Census in States. There is no significant gain or loss for any of the States. “For example, based on the Census of 2020, the reapportionment has resulted in no change in the number of seats for 37 States. Texas gained two seats, five other States gained one seat each and seven States lost one seat each.”
The European Union (EU) is another illustration. The EU Parliament has 720 members. This 720 is divided between 27 member countries. The foundation of this division is ‘degressive proportionality’. “Under this principle, the ratio of population to the number of seats shall increase as the population increases. For example, Denmark with a population of around 60 lakh has 15 seats (average population of 4 lakh per member) as against Germany with a population of 8.3 crore having 96 seats (average population of 8.6 lakh per member).” The EU example also shows that differences in representation among various States are acceptable in the EU. The same can be acceptable in India because there are no perfect solutions.
VIII. The Path Ahead
Democracy rests on representation of people. And it must be adequate. Only then will it be fair. However, fairness does not mean a back door entry of unfairness. Balancing and harmony will be essential. But there cannot be a perfect solution. Therefore, delimitation in one or other form is essential, unstoppable and irreversible. A few States can have greater share, bigger power vis a vis other states in an electoral democracy. This is also called asymmetric federalism. A little more share to a bigger state is natural though this share must not be disproportionate. If it is disproportionate and because of bigger population growth, it may generate alienation. It can be a fuel to fissiparous tendencies. The Central government is very well aware of this north south politics which certain political parties may abuse. Therefore, it is cautious but firm. The increase in the number of seats in the north can be scaled in the south, North East and smaller states. It may be a little difficult but not too complex to be resolved.
Rangarajan. ARE, a former IAS officer, suggests an option to address the challenge the tug of war.
The number of MPs in Lok Sabha may be capped at the present number of 543. It would ensure that disadvantageous states do not feel a sense of injustice. The number of MLAs in each State legislature should be increased to address the growth in population of the State. It should not change Rajya Sabha seats otherwise the same dispute will come.
We should empower the local bodies of panchayats and municipalities.
Delimitation will bring a new era of fairness where weak and vulnerable will have more share in representation and power. It will evolve a better and greater understanding between different states, big or small. It will begin a new age of cooperative federalism which will eventually be proved to be a long stride in the direction of making India @2047 as Viksit Vaibhabhshali Bharat.
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