Delimitation Push to Fast-Track Women’s Reservation

Syllabus: GS2/ Polity and Governance

Context

• The Union Government has indicated that it may introduce an amendment Bill to carry out delimitation based on the 2011 Census. 
  • The objective is to implement the Constitution (106th Amendment) Act, 2023 before the 2029 Lok Sabha elections.

Background

• The Constitution (106th Amendment) Act, 2023 also known as the Nari Shakti Vandan Adhiniyam provides 33% reservation for women in the Lok Sabha and State Legislative Assemblies.
  • Under the amendments that the government wants to bring in, the basis for the selection of seats will be the Census data of 2011.
• The Act, if implemented, will increase total Lok Sabha seats to 816, reserving 273 for women.
• The Act states that women’s reservation can be implemented only after two steps are completed.
  • First, a national Census must be conducted.
  • Second, a delimitation exercise must be carried out based on that Census.
• However, the delay in the 2021 Census due to COVID-19 has pushed the timeline beyond 2030.

Census in India

• A census is a survey of the population of an area that includes collecting details of a country’s demographics including age, sex and occupation.
  • The census, typically conducted every ten years to update the National Population Register (NPR).
• The Constitution mandates that enumeration is carried out but the Census of India Act of 1948 does not specify its timing or periodicity.
• The population census is conducted by the Office of the Registrar General and Census Commissioner of India under the Ministry of Home Affairs.

What is Delimitation?

• Delimitation refers to the process of fixing the number of seats and boundaries of territorial constituencies in each State for the Lok Sabha and Legislative assemblies.
  • It also includes determining the seats to be reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in these houses. 
• Article 82 and 170 of the Indian Constitution provide that the number of seats in the Lok Sabha and State Legislative assemblies as well as its division into territorial constituencies shall be readjusted after each Census. 
• This process is performed by the ‘Delimitation Commission’ that is set up under an act of Parliament. 

Delimitation in the Past

• Delimitation occurred after the 1951 Census (494 Lok Sabha seats), 1961 Census (522 seats), and 1971 Census (543 seats). 
• However, it has been frozen as per the 1971 Census in order to encourage population control measures so that States with higher population growth do not end up having higher number of seats.
  • The 84th Amendment (2001) extended this till the first Census after 2026, enabling 2001 Census-based boundary redraws without seat totals changing.
• The boundaries of territorial constituencies were readjusted (without changing the number of seats) and seats for SC and ST were determined as per the 2001 Census and will again be carried out after 2026.

Way Ahead

• The proposal to use 2011 Census data for delimitation represents a balance between urgency and accuracy.
• While it enables faster implementation of women’s reservation, it also creates concerns regarding fair representation.
• A consensus-based and carefully designed approach will be necessary to address these concerns.

Source: TH