Delimitation Commission

Why is in news? Election Commission initiates process for delimitation of Assembly & Parliamentary Constituencies in Assam

The Election Commission of India has decided to initiate the delimitation exercise of Assembly and Parliamentary Constituencies in the State of Assam as per Section 8A of the Representation of the People Act, 1950.

The Commission led by Chief Election Commissioner Rajiv Kumar directed the Chief Electoral Officer of Assam to take up the matter with the State government to issue a complete ban on the creation of new administrative units with effect from the 1st of January, 2023 till the completion of delimitation exercise in the State.

Census figures of 2001 will be used for the purpose of readjustment of Parliamentary and Assembly Constituencies in the State.

The Commission will design and finalise its own guidelines and methodology for the purpose of delimiting the constituencies

The Election Commission has been requested by the Ministry of Law and Justice to conduct the delimitation of Parliamentary and Assembly Constituencies in the State of Assam.

Under the provisions of the Delimitation Act, of 1972, the last delimitation of constituencies in the State of Assam was done on the basis of census figures, in 1971 by the then Delimitation Commission in 1976.

Delimitation Commission:

Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body.

The job of delimitation is assigned to a high power body. Such a body is known as Delimitation Commission or a Boundary Commission.

Under Article 82, the Parliament enacts a Delimitation Act after every Census.

Under Article 170, States also get divided into territorial constituencies as per Delimitation Act after every Census.

Once the Act is in force, the Union government set up a Delimitation Commission.

In India, such Delimitation Commissions have been constituted 4 times – in 1952 under the Delimitation Commission Act, 1952, in 1963 under Delimitation Commission Act, 1962, in 1973 under Delimitation Act, 1972 and in 2002 under Delimitation Act, 2002.

The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India.

The Composition of Delimitation Commission includes Retired Supreme Court judge, Chief Election Commissioner, Respective State Election Commissioners.

The Delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court.

These orders come into force on a date to be specified by the President of India in this behalf.

The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.

Functions:

To determine the number and boundaries of constituencies to make population of all constituencies nearly equal.

To identify seats reserved for Scheduled Castes and Scheduled Tribes, wherever their population is relatively large.