Delimitation Commission of India

To understand the Delimitation Commission, imagine a simple question:

➡️ “How do we decide where one constituency ends and another begins?”

In a representative democracy that uses single-member constituencies, this question is extremely important.
The answer lies in delimitation — the scientific and legally mandated process of fixing the boundaries of electoral constituencies.

Meaning of Delimitation

Delimitation literally means:

“Fixing the limits or boundaries of territorial constituencies.”

Whenever boundaries change, population shifts, or new states are created, India must redraw electoral maps so that each constituency remains:

  • democratic,
  • balanced, and
  • representative.

This crucial exercise is handled not by the government or Election Commission, but by a High-Powered, Independent Body called the:

👉 Delimitation Commission (or Boundary Commission)

Why is Delimitation Necessary? — The Rationale

Delimitation is not a mere technical adjustment—it is foundational to free and fair elections. Here’s why:

(1) It ensures free and fair elections

Regular delimitation is essential because:
  • India follows a parliamentary democracy
  • People elect representatives through electoral constituencies
  • If constituencies are outdated or unequal, elections become unfair

Thus, delimitation protects the democratic legitimacy of elections.

(2) It adapts to changing ground realities

Population is not static.
People migrate, cities expand, rural populations shrink, new districts are created.

If boundaries remain fixed while population changes:
  • some constituencies become overcrowded
  • some become underpopulated

Hence, periodic delimitation keeps representation aligned with current realities.

(3) It supports the principle of “One Person, One Vote”

This principle requires parity in the value of votes.

However, if:
  • Constituency A has 5 lakh people
  • Constituency B has 20 lakh people

→ Both elect one representative
→ But a voter in A has a greater vote-value than a voter in B

Delimitation reduces such voting inequality by making constituency populations more uniform.

Nature and Legal Status

The Delimitation Commission of India is:

  • Statutory Body, not constitutional
  • Created under laws enacted by Parliament
  • Independent of executive interference
  • Extremely powerful because its decisions cannot be challenged in court
Its orders:
  • Have the force of law
  • Come into effect on a date specified by the President of India
  • Are laid before:
    • Lok Sabha
    • State Legislative Assemblies
      (However → No modifications are allowed)

This gives the Commission unmatched authority.

Delimitation Commissions Established So Far

So far, India has set up four Delimitation Commissions:

CommissionYearEstablished Under
First1952Delimitation Commission Act, 1952
Second1963Delimitation Commission Act, 1962
Third1973Delimitation Act, 1972
Fourth2002Delimitation Act, 2002

Constitutional Provisions Related to Delimitation

Delimitation is guided by the following Articles:
  • Article 81 – Lok Sabha
  • Article 82 – Delimitation Act after each Census
  • Article 170 – State Legislative Assemblies
  • Article 330 – SC reservation in Lok Sabha
  • Article 332 – ST reservation in State Assemblies

The 84th Constitutional Amendment Act, 2001 and the 87th Amendment Act, 2003 made major changes.
Their combined effect is extremely important for exams:

Key Outcomes of 84th + 87th Amendments

1. Freeze on Number of Seats
  • Lok Sabha seats (state-wise) fixed on basis of 1971 Census
  • Frozen till first Census after 2026
2. Freeze on State Assembly seats
  • Same logic: Assembly seats frozen till post-2026 Census

(Purpose: To avoid penalising states with successful population control.)

3. Reservation for SC/ST revised
  • SC/ST seats reworked based on 2001 Census
4. Constituency boundaries redrawn
  • Redelimited using 2001 Census
  • These new boundaries will also remain frozen until after 2026
5. Constituencies should have similar population

As far as practicable, population of each constituency in a state must be broadly equal.

Fourth Delimitation Commission (2002)

The most recent nationwide exercise took place under:

  • Delimitation Act, 2002
Its task:
  • Redraw Parliamentary and Assembly constituencies
  • Based on 2001 Census
  • Across all states except erstwhile Jammu & Kashmir

Composition of the 2002 Commission

A three-member body:

  1. Chairperson
    • Serving or retired Supreme Court Judge
  2. Chief Election Commissioner (CEC)
    • Or an Election Commissioner nominated by CEC
  3. State Election Commissioner of the concerned State/UT

Associate Members (non-voting)

For each state:
  • 5 Lok Sabha MPs from that state
  • 5 MLAs from that state
  • If a state had <5 LS MPs → all MPs became associate members
  • Nominated by:
    • Speaker of Lok Sabha
    • Speaker of State Assembly

Note: Associate members could participate in discussions, but:

  • could NOT vote
  • could NOT sign orders

Chairperson

  • Justice Kuldip Singh, retired Judge of the Supreme Court

Implementation of Recommendations

  • Recommendations submitted: 2007
  • Presidential notification issued: 2008
  • New boundaries applied in 2009 General Elections

Not applicable to 5 states

  • Assam
  • Arunachal Pradesh
  • Manipur
  • Nagaland
  • Jharkhand

Why?
Delimitation was deferred in 4 NE states (security, demographic concerns)
and nullified for Jharkhand.

Thus, in 2009 Lok Sabha elections:
  • 499 out of 543 seats were contested under new boundaries
  • Applicable to all states & UTs except the above five.

Delimitation Commission (2020)

After the Fourth Delimitation Commission’s work (based on the 2001 Census), there remained five exceptions where delimitation was NOT implemented:

  • Assam
  • Arunachal Pradesh
  • Manipur
  • Nagaland
  • Jharkhand
These states faced:
  • insurgency
  • ethnic tensions
  • security concerns

Hence, delimitation was deferred in 2008.

But the situation began to change.

Why a New Delimitation Commission in 2020?

February 2020: Rescinding Old Notifications

The Government of India cancelled (rescinded) its 2008 notifications because:

  • Security had improved significantly
  • Insurgency incidents had reduced
  • Law & order situation was conducive
  • Earlier “extraordinary circumstances” had ceased

Thus, conditions were now appropriate for restarting the delimitation process.

Establishment of the Delimitation Commission (2020)

March 2020 Notification

The Government set up a new Delimitation Commission for:

  1. Four North-Eastern States:
    • Assam
    • Arunachal Pradesh
    • Manipur
    • Nagaland
  2. Union Territory of Jammu & Kashmir

Composition of the Commission (2020)

  1. Chairperson:
    Justice Ranjana Prakash Desai (Retired Judge, Supreme Court)
  2. Ex-Officio Member:
    Sushil Chandra, Election Commissioner
  3. Ex-Officio Member:
    State Election Commissioner of the concerned State/UT

Tenure: One year or until further orders (whichever earlier).

Mandate Given to the Commission

For Four NE States

Delimit constituencies as per the Delimitation Act, 2002.

For UT of Jammu & Kashmir

Delimit constituencies as per:
  • J&K Reorganisation Act, 2019, and
  • Delimitation Act, 2002

Later Modifications to the Commission’s Scope

March 2021: NE States Removed

The government removed all four NE states from the Commission’s jurisdiction.

Why?
Because delimitation issues were expected to be handled separately.

Thus, the Commission now focused only on UT of J&K.

Extensions of Tenure

  • Extended to March 2022
  • Extended again to May 2022

Associate Members from J&K

  • Five Lok Sabha MPs from J&K nominated by the Speaker
  • They had no voting rights, similar to earlier Commissions

Completion of Work

  • Final Report: May 2022
  • Titled: “Delimited Landscape of Union Territory of Jammu & Kashmir”

Delimitation in Jammu & Kashmir — Why Is It Unique?

Historically, delimitation in J&K followed different rules because of its special status under Article 370.

Before 2019

  • Lok Sabha delimitation → governed by Constitution of India
  • Assembly delimitation → governed by:
    • Constitution of Jammu & Kashmir
    • J&K Representation of People Act, 1957

Past Delimitation in J&K

Delimitation of Assembly seats took place in:

  • 1957
  • 1966
  • 1975
  • 1995 (based on 1981 Census)

No delimitation after 2001, because J&K Assembly passed a law freezing delimitation until after 2026.

Assembly Structure (Before Reorganisation)

  • Total seats: 111
    • Included 4 seats for Ladakh
    • 24 seats reserved for PoJK (Pakistan-occupied Jammu & Kashmir) — always vacant

J&K Reorganisation Act, 2019 – New Framework

After Article 370 was removed, the 2019 Act created:

  • Union Territory of J&K (with Legislature)
  • Union Territory of Ladakh (without Legislature)

Assembly Size New Rules

  • Total seats: 114
  • Seats filled by direct election: 90
  • Vacant seats for PoJK: 24
  • Power to nominate 2 women → by Lieutenant Governor if women not adequately represented
Thus, the new delimitation must reflect:
  • 2011 Census
  • New legislative structure
  • New constitutional provisions

The 2011 Census showed over 100% increase from 1981 → massive malapportionment had developed.

SC/ST Reservation in J&K

Based on:
  • Article 330
  • Article 332
  • J&K Reorganisation Act
  • Delimitation Act

The Commission recalculated SC/ST reserved seats on the 2011 Census.

Important point:
  • Earlier, the Constitution of J&K did NOT provide for ST reservation.
  • For the first time, STs in J&K would get reserved seats.

Final Order of the Delimitation Commission (May 2022)

The major provisions of the Commission’s order:

1. Entire J&K treated as a Single Delimitation Unit

Each of the 5 Parliamentary constituencies now has:

  • 18 Assembly constituencies each

2. New Parliamentary Constituency: Anantnag–Rajouri

A unique cross-regional constituency combining:

  • Anantnag (Kashmir region)
  • Rajouri & Poonch (Jammu region)

This is the first-ever constituency combining both regions.

3. Distribution of 90 Assembly Seats

  • Jammu region: 43 seats
  • Kashmir region: 47 seats
This resulted in:
  • 6 new seats for Jammu
  • 1 new seat for Kashmir

4. Reservation for Scheduled Tribes (First time ever)

  • 9 Assembly seats reserved for STs
    • Jammu region: 6
    • Kashmir region: 3

5. Reservation for Scheduled Castes

  • 7 Assembly seats reserved for SCs

6. Renaming of Several Constituencies

One notable new name:
  • Shri Mata Vaishno Devi Assembly Constituency

10. Key Recommendations (Not Part of Legal Order)

During public hearings, the Commission received many representations, especially from:

A. Kashmiri Migrants

Communities displaced in the 1990s, primarily Kashmiri Pandits.

B. Displaced Persons from Pakistan-occupied Jammu & Kashmir (PoJK)

They requested special political representation.

Thus, the Commission recommended to the Central Government:

a. Representation for Kashmiri Migrants
  • At least 2 nominated members in the J&K Assembly
  • One must be a woman
  • Should have powers equivalent to nominated members of Puducherry Assembly
b. Representation for Displaced Persons from PoJK
  • The Central Government may consider nomination of representatives from PoJK
  • To ensure their political rights and recognition

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