131st Constitutional Amendment Bill and Delimitation Bill
- Context: Three bills including the 131st Constitutional Amendment Bill and the Delimitation Bill have been introduced in the Lok Sabha with the aim of implementing a 33% reservation for women in the House, effective from the 2029 general elections onwards.
- Through this initiative, the total number of Lok Sabha constituencies is set to be increased from the current 543 to 815.
- According to this proposal, it is envisaged that 815 seats would be allocated to the States, while 35 seats would be allotted to the Union Territories.
- Out of the expanded total of 815 seats, 272 constituencies will be reserved for women, based on the 33% reservation quota.
-
- Within this reservation framework, a sub-quota will be provided for women belonging to the Scheduled Castes (SC) and Scheduled Tribes (ST) categories.
- Under the legislation enacted in 2023, implementation was contingent upon the completion of the 2027 Census; consequently, the reservation could not have been effected prior to 2034. These amendments have been introduced specifically to circumvent this delay.
- The number of Lok Sabha constituencies in the Southern States will be increased from 129 to 195.
- The representation of the Southern States will witness a marginal increase, rising from 23.76% to 23.87%.
Proposed figures
The table shows the estimated number of seats for southern States as announced by Union Home Minister
| State | Current seats | As a share of current 543 seats | 50% increase (approx.) | New status (as a share of 816 seats) |
| Karnataka | 28 | 5.15% | 42 | 5.14 |
| Andhra Pradesh | 25 | 4.60% | 38 | 4.65% |
| Telangana | 17 | 3.13% | 26 | 3.18% |
| Tamil Nadu | 39 | 7.18% | 59 | 7.23% |
| Kerala | 20 | 3.68% | 30 | 3.67% |
| Total | 129 | 23.76% | 195 | 23.87% |
Current Facts
- Oru Ilakkiyavathiyin Arasiyal Anubhavangal by writer Jayakanthan he argued that Annadurai’s positions on literature, art, language, economics, and sociology were simplistic and catered to “idiots and ruffians.”
- India’s first passenger train ran on April 16, 1853, from Bori Bunder (Mumbai) to Thane. Comprising 14 coaches and carrying approximately 400 passengers, the train covered a distance of 34 kilometers. The 173rd anniversary of this historic event which laid the foundation for Indian Railways will be celebrated in 2026.
Delimitation of Constituencies
- Delimitation is the process of redrawing the boundaries of electoral constituencies to ensure proportional representation in accordance with changes in population.
- This process ensures that the value of every voter’s vote is equal and rectifies regional imbalances in representation.
Constitutional Provisions
- Article 82: Empowers Parliament to enact a ‘Delimitation Act’ after every census.
- Article 170: Explains the process of dividing constituencies for State Legislative Assemblies.
- Article 330: Provides for the readjustment of the number of seats reserved for Scheduled Castes and Scheduled Tribes in the Lok Sabha (House of the People).
- Article 332: Provides for the readjustment of the number of seats reserved for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States.
- Article 327: Empowers Parliament to regulate, by law, all matters relating to elections to Parliament and State Legislatures.
- Article 329(a): Stipulates that orders issued regarding delimitation cannot be challenged in any court of law.
Composition and Appointment
- The Delimitation Commission is appointed by the President of India in consultation with the Election Commission of India.
-
- Members: It comprises a retired Supreme Court Judge (as Chairperson), the Chief Election Commissioner, and the respective State Election Commissioners.
- It functions independently, free from executive interference.
- Its orders possess the force of law; neither Parliament nor the State Legislatures can modify them.
The Necessity of Constituency Delimitation
- To resolve the anomaly where MPs from larger states represent a significantly higher number of voters compared to those from smaller states.
- To rectify the issue of certain constituencies becoming overcrowded due to rapid urbanization and migration.
- Delays in the delimitation process can lead to regional imbalances and distortions in political representation.
Constituency Delimitation Acts in India
- Delimitation Act, 1952: Based on the 1951 Census, the first Delimitation Commission (1952) was constituted. It defined the initial constituencies for the Lok Sabha and State Legislative Assemblies, and also provided for the reservation of seats for Scheduled Castes (SC) and Scheduled Tribes (ST).
- Delimitation Act, 1962: Based on the 1961 Census, the Commission constituted in 1963 redrew constituency boundaries to reflect demographic changes and updated the reserved seats for SC/ST categories.
- Delimitation Act, 1972: Based on the 1971 Census, the Commission constituted in 1973 readjusted constituency boundaries. Subsequently, through the 42nd Constitutional Amendment (1976), the total number of seats was frozen and kept unchanged.
- Delimitation Act, 2002: Based on the 2001 Census, the Commission constituted in 2002 revised constituency boundaries and the reservation of seats for SC/ST categories. However, due to a moratorium imposed until 2026, the total number of seats remained unchanged.
Judicial Stance
- Kishorchandra Saghanlal Rathod v. Union of India (2024): The Supreme Court ruled that orders issued by the Delimitation Commission can be subjected to judicial review by Constitutional Courts (High Courts and the Supreme Court) if such orders are patently arbitrary or violative of constitutional values.
- Meghraj Kothari v. Delimitation Commission (1966): Judicial intervention was restricted solely to avoid unnecessary delays in the electoral process; it did not impose an absolute bar on the power of Constitutional Courts to scrutinize the orders of the Delimitation Commission.
Constitutional Amendment Acts
- 42nd Constitutional Amendment Act, 1976: Froze the allocation of seats to the States in the Lok Sabha, as well as the division of each State into territorial constituencies, based on the 1971 Census, until the year 2000.
- 84th Constitutional Amendment Act, 2001: Extended this freeze until the year 2026. Furthermore, it empowered the authorities to undertake the readjustment of constituencies based on the 1991 Census.
- 87th Constitutional Amendment Act, 2003: Permitted the delimitation of constituencies based on the 2001 Census, without altering the number of seats allocated to each State in the Lok Sabha.
