Introduction

The delimitation of constituencies represents the constitutional commitment to provide a fair and representative electoral framework. It also ensures an equitable representation of citizens in elected bodies. The process of delimitation is accomplished on the principle of ‘one citizen, one vote, one value’ as enshrined in Articles 81 and 82 of the Indian Constitution. The number of constituencies in Parliament and State Assemblies is adjusted as per the latest population figures to ensure that the number of Indians represented by an MP/MLA remains roughly the same. The expression “population” means the population ascertained at the last preceding census. Article 82 (“Readjustment after each census”) of the Constitution envisages that “Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine.” Article 170(3) contains the provision for the readjustment, “upon the completion of each census", of the “total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies".

Delimitation of Constituencies in Modern India

In post-Independent India, the first census took place in 1951. It paved the way for the passing of the Delimitation Commission Act of 1952 which created the first Delimitation Commission to draw the boundaries of Lok Sabha and State Assembly constituencies. These boundaries have been redrawn three times since then by delimitation commissions set up under the Delimitation Commission Acts of 1962, 1972, and 2002. Based on the most recent 2001 census, the most recent delimitation re-drew some constituency boundaries. It may be mentioned here in this regard that the number of Lok Sabha seats, the allocation for each State, and the number of seats in State Assemblies, have remained unchanged since the delimitation of 1972. As per 1971 census figures, the number of Lok Sabha seats was fixed at 543, implying that each MP was supposed to represent roughly a million Indians. The previous figures were fixed at 494 and 522 after the 1951 and 1961 censuses, respectively. However, the Constitution (Forty-second Amendment) Act, 1976, froze the number of Lok Sabha seats until after the first census taken after 2000. This time limit was further extended to at least 2026 by the Atal Bihari Vajpayee government at the Centre in 2002.1 The last census was held in 2011, and the next census was to be held in 2021. But due to the COVID-19 pandemic, it could not take place even after 2021. A census after 2026 would open the door for the delimitation of constituencies in both the Parliament and the State Assemblies.

The Role of Delimitation Commission

The delimitation of constituencies is done on the basis of recommendations of the delimitation commission. The President of India appoints a Delimitation Commission chaired by a retired judge of the Supreme Court, comprising the Chief Election Commissioner or his representative and the State Election Commissioners. In addition, associate or co-opted members are appointed for each State or Union Territory undergoing delimitation. These members are chosen from the sitting MPs, and appointed by the Speaker of Lok Sabha and likewise, MLAs are appointed by the Speaker of the Legislative Assembly concerned. These associate members don't have decision-making powers or the right to vote when voting is required on any particular issue. Their role is limited to providing input and advice. The Delimitation Commission works independently of the government. The revised boundaries drawn by it can't be challenged in any court of law. Therefore, the role of the delimitation commission is paramount in finally deciding the boundaries of the electoral constituencies for conducting elections in the country.2

Why is Census Data So Important?

Census data is the primary and most important source of delimitation. It also acts as a crucial tool for redrawing electoral boundaries, taking into account geographical contiguity, population density, and socio-economic realities. Furthermore, census data helps to identify regions where the scheduled caste and scheduled tribe populations exist predominantly and ensure that seats are reserved in proportion to their respective shares. However, the reservation of Scheduled Caste seats is based both on the concentration of the SC population and the spread of such seats across various regions of the State. Once the creation of such borders is proposed, the Delimitation Commission puts its recommendations in the public domain, asking for feedback from the general public, political parties, and other stakeholders. After receiving the feedback, proper analysis is done, and the revisions are made, if required. Thereafter, the revision plan is finalized and published in the official gazette. The orders of the Delimitation Commission thus become effective in the next general election.3

The Global Scenario

1. U.S.A

‘One nation, one vote’ is the basic principle of democracy. However, it was realized by the American lawmakers in 1776 that this principle was contrary to the principle of federalism. They devised a solution, instead. They resorted to redetermination from time to time the seats allotted to each of the 50 States in the House of Representatives on the basis of the population of the State but gave equal representation (2 members) to each State in the Senate. India and the U.S. are both democracies and federations, with different systems of representation in the highest legislative body.4

2. South Africa & New Zealand

Both these countries have clear constitutional provisions to deal with the delimitation process in various ways.

3. Japan

In Japan, like India, the delimitation process is managed through ordinary legislation.5

The Role of the Courts in India

The Supreme Court of India, in the landmark case of Meghraj Kothari vs. Delimitation Commission (1966), upheld the finality of delimitation orders, holding that judicial intervention could lead to indefinite election delays. In recent times, the Apex Court dismissed a petition challenging the Jammu & Kashmir delimitation, though it was claimed in the petition that it marginalized minority communities.6

The Present Imbroglio

M.K. Stalin, the Chief Minister of Tamil Nadu, has called the first shot by raising the issue of a population-based census which is more beneficial to the northern States than the southern states, which appear to be losers on account of having a lesser population. They vociferously raised their demand on a united front on March 5, 2025, through a Joint Action Committee's 6-point resolution, including a freeze on census-based delimitation for a further 30 years in a meeting in Chennai. This meeting was attended by at least four Chief Ministers, including Tamil Nadu, Telangana, Kerala and Punjab, the Deputy Chief Minister of Karnataka; and senior political leaders from multiple States, including Odisha and Andhra Pradesh. They raised a unified voice against the proposed delimitation process, arguing it would disproportionately benefit the northern, Hindi-speaking States at the expense of the South and some other regions.7

Some Prominent Voices in the Meeting

1. Telangana CM Revanth Reddy: He urged the Centre to increase South India's representation to 33% in the Lok Sabha (up from the current 24%). He argued that States contributing more to GDP should have a stronger voice in Parliament.8
2. Karnataka Deputy CM D.K. Shivakumar: He warned that delimitation was “not a technical adjustment, but a political assault” on southern states. He suggested strengthening the Rajya Sabha as a counterbalance to the North's numerical dominance in the Lok Sabha.9
3. Punjab CM Bhagwant Mann: He accused the BJP of “manipulating” seat allocation to benefit Hindi-speaking States, where the party performs well. He argued that Punjab's representation would be cut primarily because the BJP is “weak” there.10
4. BJD chief Naveen Patnaik: He addressed the meeting virtually and called delimitation “unfair” and insisted that States that followed population control policies must be protected.11
5. BRS leader KT Rama Rao: He called for a permanent freeze on seat reallocation and suggested that if South India contributes 36% of India's GDP, it should get 36% representation in Parliament.12
6. Kerala CM Pinarayi Vijayan: He said if the southern States’ parliamentary representation is further reduced and their share in taxes continue to decline, “we will face an unprecedented situation, in which both our rightful share of funds and our political voice to demand them diminish simultaneously".13

Response of Amit Shah on behalf of the Centre

In the first week of March 2025, Union Home Minister Amit Shah sought to allay fears in Tamil Nadu. He said that southern States would get a fair share of seats in the delimitation exercise. “The Prime Minister Narendra Modi-led government has made it clear in Parliament that on a pro rata basis, redrawing of parliamentary constituencies based on population levels will not alter the proportion of Lok Sabha members of Parliament from the southern States”. He also assured that if there was any increase in seats during delimitation, the southern States would get an equal share. The Union government has not yet announced the timeline for delimitation or of the census which has to act as the basis for the delimitation exercise.14

Conclusion

The recent delimitation controversy needs urgent attention from all parties, and the Central Government should come up with a balanced proposal in this regard. The matter should be discussed in detail in Parliament to frame delimitation guidelines concerning census operations as a base to delimitation exercise. Many options have been given by different political parties, mainly of south India, including the consideration of GDP of the States, adoption of population control measures by the States, freezing of delimitation exercise for 30 years and strengthening of Rajya Sabha as a counterbalance to the North's numerical dominance in the Lok Sabha. There seems to be an emphatic demand for shedding the population numbers only as procured by the census operations. Indeed, the situation raises concerns for India's democracy. While dealing with it, the provisions and experiences of other countries, including the USA and other Western democracies, Japan, etc., must be considered before readying for another census operation. If the imminent problem is not timely and effective tackled, it will harm the country's democratic and federal structure. This should not be seen merely as a political gimmick of some opposition parties of the south. This is high time to act swiftly with noble intent to save Indian democracy before it crumbles forever.

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Reference:

• Sanjay Kumar & Krishangi Sinha, Delimitation of constituencies:
  a primer on the exercise and the process, The Indian Express, Feb 5, 2025.
• Ibid.
• Ibid.
• P. Chidambaram, Delimitation Dilemma, The Indian Express,
  Feb 9, 2025.
• Ashwini Kumar and Khushboo Srivastava, The delimitation promise, The Indian Express, Feb 6, 2025.
• Ibid.
• Arun Janardhanan & Nikhila Henry, The Indian Express, Feb 6, 2025.
• Arun Janardhanan, The Indian Express, March 23, 2025.
• Ibid.
• Ibid.
• Ibid.
• Ibid.
• Ibid.
• Divya Chandrababu, Stalin writes to 7 CMs for support after
  Shah salvo, Hindustan Times, Mar 8, 2025.