Delimitation and Its Impact on Parliament and State Legislatures: Structure, Functioning, Powers & Challenges

Delimitation and Its Impact on Parliament and State Legislatures: Structure, Functioning, Powers & Challenges

Introduction

A recent statement by Union Home Minister Amit Shah regarding the delimitation process has sparked a political debate, with Karnataka Chief Minister Siddaramaiah raising concerns over its implications on the representation of southern states in the Lok Sabha​. The Chief Minister questioned whether delimitation would follow the latest population ratio or retain the current number of seats, arguing that a population-based approach would disadvantage states that have effectively controlled their population growth, such as Karnataka, Tamil Nadu, Kerala, Andhra Pradesh, and Telangana.

This debate over delimitation and representation highlights critical issues related to the structure, functioning, and powers of Parliament and State Legislatures. This article explores these aspects, shedding light on the challenges and necessary reforms in India’s legislative framework.

Parliament and State Legislatures: Structure and Functioning

1. Structure of Parliament

The Indian Parliament consists of:

1.     Lok Sabha (House of the People) – Directly elected by citizens.

2.     Rajya Sabha (Council of States) – Representatives from States and Union Territories.

3.     President of India – Integral to the legislative process.

The total strength of the Lok Sabha is currently 543. However, with delimitation, there is a possibility that the number of seats could be revised based on population growth patterns.

2. Structure of State Legislatures

States in India have:

1.     Unicameral Legislature – Only Legislative Assembly (Vidhan Sabha) (e.g., Gujarat, West Bengal).

2.     Bicameral Legislature – Legislative Assembly and Legislative Council (Vidhan Parishad) (e.g., Maharashtra, Karnataka).

The Governor is the constitutional head, but the Chief Minister and the Council of Ministers exercise real executive power.

3. Legislative Functions

• Law-Making: Parliament and State Assemblies legislate on subjects in the Union, State, and Concurrent Lists.
• Types of Bills:
• Ordinary Bills – Cover general subjects.
• Money Bills – Deal with financial matters.
• Constitutional Amendment Bills – Modify provisions of the Constitution.

4. Conduct of Business

• Sessions: Budget, Monsoon, and Winter sessions.
• Question Hour & Zero Hour: Mechanisms to ensure executive accountability.
• Parliamentary Committees: Examine bills and policy issues in detail.

Powers and Privileges of Legislatures

1. Legislative Powers

• Parliament makes laws on subjects in the Union and Concurrent Lists.
• State Legislatures make laws on subjects in the State List.

2. Executive Oversight

• Parliament and Assemblies monitor the Executive through debates, motions, and committees.
• No-confidence Motion in Lok Sabha or State Assemblies can lead to the fall of the government.

3. Parliamentary Privileges

• Freedom of Speech: Legislators cannot be sued for their statements in the House.
• Immunity from Arrest: MPs/MLAs enjoy certain protections during sessions.

Issues Arising Out of Legislative Functioning

1. Delimitation and Representation Concerns

• Population-Based Seat Allocation: If implemented, states with higher population growth (like Uttar Pradesh and Bihar) may gain seats, while southern states (with better population control) may lose or stagnate in representation.
• Political Power Shift: This could alter the balance of power between the North and South, influencing national politics and resource distribution.

2. Decline in Parliamentary Productivity

• Frequent Disruptions: Decreasing time spent on meaningful debates.
• Underutilization of Committees: Laws passed in haste without detailed scrutiny.

3. Criminalization of Politics

• Increase in Legislators with Criminal Backgrounds: Supreme Court-mandated fast-tracking of cases remains slow.

4. Misuse of Anti-Defection Law

• Suppression of Dissent: Political parties often misuse the whip system to stifle internal debates.

5. Federalism and Legislative Overreach

• Governor vs. State Government Conflicts: Instances of Governors withholding bills for long periods.
• Central Control over States: Use of Article 356 (President’s Rule) remains a contentious issue.

6. Women’s Underrepresentation

• Low Female Participation: Women hold only 14% of seats in Parliament.
• Pending Women’s Reservation Bill: Despite discussions, the 33% reservation for women in legislatures remains unimplemented.

Way Forward

1. Balanced Delimitation Approach

• Retain Existing Representation Mechanism: Prevent regional imbalances.
• Consider Other Metrics Beyond Population: Factor in economic and social development indicators.

2. Strengthening Legislative Functioning

• Mandatory Minimum Sitting Days: Fix at least 100 days for Parliament and 75 days for State Assemblies.
• Stronger Role for Parliamentary Committees: Ensure bills undergo thorough scrutiny.

3. Electoral Reforms

• Disqualify Criminal Candidates: Fast-track pending cases against legislators.
• Transparent Political Funding: Curb the influence of corporate and undisclosed funding.

4. Ensuring Legislative Decorum

• Stricter Rules for Disruptions: Reduce unruly behavior in Parliament and Assemblies.
• Enhancing Quality of Debates: Focus on policy-based discussions rather than personal attacks.

5. Promoting Gender Representation

• Immediate Passage of the Women’s Reservation Bill.
• Encouraging Political Parties to Field More Women Candidates.

Conclusion

The delimitation controversy highlights deeper issues in India's legislative framework, representation, and governance. While Parliament and State Legislatures remain the backbone of democracy, their functioning, privileges, and challenges require urgent reforms. A balanced, equitable approach to delimitation, enhanced accountability, and strengthened legislative processes will ensure that Indian democracy remains representative and robust.

Understanding Delimitation

Delimitation is the process of redrawing the boundaries of parliamentary and legislative assembly constituencies to reflect changes in population. Its primary objectives include:

• Ensuring fair representation based on demographic shifts.
• Adjusting seat allocations among states based on population changes.
• Determining SC/ST reservations within constituencies.

The principle of "one citizen, one vote, one value" guides the process, ensuring that each vote carries equal weight in elections.

Constitutional Provisions on Delimitation

1.     Article 82 – After every Census, Parliament enacts a Delimitation Act to redefine constituency boundaries.

2.     Article 170 – The total number of seats in State Legislative Assemblies is adjusted according to the Delimitation Act after each Census.

Who Conducts Delimitation?

The Delimitation Commission, an independent body established through a Parliamentary Act, oversees the process. Its decisions cannot be challenged in court. However, a 2024 Supreme Court ruling now allows review of delimitation orders if they violate constitutional values.

Composition of the Delimitation Commission

• Chairperson: A retired Supreme Court judge.
• Members:
• The Chief Election Commissioner (CEC) or a representative.
• State Election Commissioners from the respective states.
• The Election Commission of India (ECI) provides technical support.

History of Delimitation in India

• Parliamentary Authority: The power to alter constituency boundaries and seat numbers is vested in Parliament.
• This power has been exercised four times through the Delimitation Commission Acts of 1952, 1962, 1972, and 2002.

Key Constitutional Amendments Related to Delimitation

42nd Amendment Act (1976)

• Froze the allocation of Lok Sabha seats based on the 1971 Census.
• This prevented states with successful population control measures from losing representation.

84th Amendment Act (2001)

• Allowed adjustment of constituency boundaries based on the 1991 Census.
• However, it did not permit an increase or decrease in total Lok Sabha and State Assembly seats.

87th Amendment Act (2003)

• Updated the delimitation basis to the 2001 Census.
• Like the 84th Amendment, it did not change the number of seats per state but adjusted boundaries for better representation.

Why Is Delimitation Being Revisited?

• The next delimitation exercise is expected to use the 2021 Census (delayed due to COVID-19).
• Southern states are concerned as their population growth has been lower compared to northern states, potentially reducing their representation.
• If past patterns (1951, 1961, 1971, 2002) continue, the total Lok Sabha seats could increase from 543 to 753, with a 20 lakh population per constituency.

Why Are Southern States Worried About Delimitation?

• Northern states (Uttar Pradesh, Bihar, Rajasthan, Madhya Pradesh, etc.) have higher population growth, which could result in gaining more seats.
• Southern states (Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Telangana) fear losing representation, despite their success in population control and governance improvements.
• Political Power Shift: More seats for the North could reduce the influence of southern states in national policymaking.

What’s Next?

1.     Potential Increase in Total Seats: Instead of reducing seats from any state, total Lok Sabha seats may be increased to accommodate growing disparities.

2.     2026 Review: Delimitation can happen only after the first Census post-2026, likely based on the 2031 Census.

3.     Women’s Reservation Act (Nari Shakti Vandan Adhiniyam): The 33% women’s reservation will also impact seat allocations in upcoming elections.

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