Context: Since the bifurcation of Jammu and Kashmir state into the Union Territories of J&K and Ladakh, delimitation of their electoral constituencies has been inevitable. While the government has not formally notified the Election Commission yet, the EC has held “internal discussions” on the Jammu and Kashmir Reorganisation Act, 2019, particularly its provisions on delimitation.

Delimitation provisions of the J&K Constitution:

1. Delimitation of Jammu and Kashmir’s Lok Sabha seats is governed by the Indian Constitution, but delimitation of its Assembly seats (until special status was abrogated recently) was governed separately by the Jammu and Kashmir Constitution and Jammu and Kashmir Representation of the People Act, 1957.
2. As far as delimitation of Lok Sabha seats is concerned, the last Delimitation Commission of 2002 was not entrusted with this task. Hence, J&K parliamentary seats remain as delimited on the basis of the 1971 Census.
3. As for Assembly seats, although the delimitation provisions of the J&K Constitution and the J&K Representation of the People Act, 1957, are similar to those of the Indian Constitution and Delimitation Acts, they mandate a separate Delimitation Commission for J&K. In actual practice, the same central Delimitation Commission set up for other states was adopted by J&K in 1963 and 1973.
4. While the amendment of 1976 to the Indian Constitution suspended delimitation in the rest of the country till 2001, no corresponding amendment was made to the J&K Constitution.
5. Hence, unlike the rest of the country, the Assembly seats of J&K were delimited based on the 1981 Census, which formed the basis of the state elections in 1996.
6. There was no census in the state in 1991 and no Delimitation Commission was set up by the state government after the 2001 Census as the J&K Assembly passed a law putting a freeze on fresh delimitation until 2026. This freeze was upheld by the Supreme Court.

Why is delimitation needed?

Delimitation is the act of redrawing boundaries of Lok Sabha and state Assembly seats to represent changes in population.

In this process, the number of seats allocated to different states in Lok Sabha and the total number seats in a Legislative Assembly may also change.

The main objective of delimitation is to provide equal representation to equal segments of a population.

It also aims at a fair division of geographical areas so that one political party doesn’t have an advantage over others in an election.

How is delimitation carried out?

Delimitation is carried out by an independent Delimitation Commission.

1. The Constitution mandates that its orders are final and cannot be questioned before any court as it would hold up an election indefinitely.
2. Under Article 82, the Parliament enacts a Delimitation Act after every Census.
3. Once the Act is in force, the Union government sets up a Delimitation Commission.
4. Composition: The commission is made up of a retired Supreme Court judge, the Chief Election Commissioner and the respective State Election Commissioners.
5. Functions: The Commission is supposed to determine the number and boundaries of constituencies in a way that the population of all seats, so far as practicable, is the same. The Commission is also tasked with identifying seats reserved for Scheduled Castes and Scheduled Tribes; these are where their population is relatively large.
6. All this is done on the basis of the latest Census and, in case of difference of opinion among members of the Commission, the opinion of the majority prevails.
7. The draft proposals of the Delimitation Commission are published in the Gazette of India, official gazettes of the states concerned and at least two vernacular papers for public feedback.
8. The Commission also holds public sittings. After hearing the public, it considers objections and suggestions, received in writing or orally during public sittings, and carries out changes, if any, in the draft proposal.
9. The final order is published in the Gazette of India and the State Gazette and comes into force on a date specified by the President.

How often has delimitation been done in the past?

The first delimitation exercise in 1950-51 was carried out by the President (with the help of the Election Commission), as the Constitution at that time was silent on who should undertake the division of states into Lok Sabha seats.

This delimitation was temporary as the Constitution mandated redrawing of boundaries after every Census. Hence, another delimitation was due after the 1951 Census. Subsequently, the Delimitation Commission Act was enacted in 1952.

Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002. There was no delimitation after the 1981 and 1991 Censuses.

Why there has been no delimitation in recent past?

The Constitution mandates that the number of Lok Sabha seats allotted to a state would be such that the ratio between that number and the population of the state is, as far as practicable, the same for all states. Although unintended, this provision implied that states that took little interest in population control could end up with a greater number of seats in Parliament. The southern states that promoted family planning faced the possibility of having their seats reduced.

To allay these fears, the Constitution was amended during Indira Gandhi’s Emergency rule in 1976 to suspend delimitation until 2001.

Although the freeze on the number of seats in Lok Sabha and Assemblies should have been lifted after the 2001 Census, another amendment postponed this until 2026. This was justified on the ground that a uniform population growth rate would be achieved throughout the country by 2026.

So, the last delimitation exercise — started in July 2002 and completed on May 31, 2008 — was based on the 2001 Census and only readjusted boundaries of existing Lok Sabha and Assembly seats and reworked the number of reserved seats.