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Delimitation: A Threat to Fair Representation?

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Delimitation: A Threat to Fair Representation?

The Debate Over Delimitation

The debate on delimitation has sparked tensions between South India and the North. Tamil Nadu Chief Minister MK Stalin fears that the process of redrawing constituency boundaries, aimed at ensuring fair representation based on population growth, could disadvantage the more affluent southern states that have successfully controlled their populations. These states may have a lower proportion of representatives in Parliament compared to the more populous northern states if delimitation is based on the next census.

However, it’s not just the southern states that stand to lose. A closer look at previous delimitation exercises reveals that the representation of Dalits and Muslims could also be reduced.

Understanding Delimitation

Delimitation is the process of redrawing the boundaries of Lok Sabha and state legislative assembly constituencies to ensure fair representation based on population changes. This process is mandated by Articles 82 and 170 of the Constitution and is carried out by the Delimitation Commission, which is established by an act of Parliament.

The Delimitation Commission is also responsible for determining whether a constituency will be reserved for members of the Scheduled Castes or Scheduled Tribes.

Constituencies were last redrawn after the 1971 census. However, the process was halted in 1976 to encourage population control programs. It was decided that the 1971 population would be used as the baseline for determining the number of constituencies.

In 2001, when it was time to readjust the size of constituencies based on the Constitution and increase the number of seats, the Vajpayee government postponed the decision for the next 25 years due to the fragility of its coalition.

A Delimitation Commission was set up in 2002 to focus on redrawing the boundaries of many constituencies and reserving constituencies for members of the Scheduled Castes and Scheduled Tribes. Its recommendations were implemented in the 2009 general elections.

The decision to increase the number of seats was postponed for another 25 years. The 2021 census, which would form the basis for the next set of changes, had to be postponed due to the Covid-19 pandemic and delays from the Central government. As a result, the next delimitation process is likely to start in 2026.

In the meantime, two pilot projects have taken place: in Jammu and Kashmir in 2022, after its special status under the Constitution was abrogated, and in Assam in 2023, which was kept out of the purview of delimitation in 2009.

These previous exercises show that delimitation has often resulted in discrimination against minority communities. It has also failed to advance the cause of Scheduled Caste and Scheduled Tribe communities.

Muslim Representation

One of the most common forms of discrimination is gerrymandering: electoral boundaries are drawn in ways that divide Muslim-majority areas, diluting their voting strength. This can prevent Muslims from having enough influence in any single constituency, making it harder for community representatives to win elections.

For example, after the scrapping of Jammu and Kashmir’s special status, the Jammu and Kashmir Reorganisation Act, 2019, mandated fresh delimitation, increasing assembly seats from 83 to 90. The seat count in the Jammu region increased from 37 to 43, strengthening its influence in the state assembly. However, in the Muslim-majority Valley, seats increased by just one, increasing to 47. Additionally, six of the nine newly reserved Scheduled Tribes seats are in the Valley, while three are in Jammu.

Similarly, in Assam, when fresh delimitation processes were undertaken in 2023, some problems became evident. For example, Dhubri and Barpeta used to be Muslim-majority seats. Both had Muslim populations of more than 60% and always elected Muslim MPs. After delimitation, three Muslim-majority assembly seats of Barpeta – Chenga, Baghbar, and Jania – were transferred to Dhubri, increasing its voter base drastically by 10 lakh. As a result, only Dhubri Lok Sabha now has a high Muslim population but Barpeta was realigned, reducing the Muslim population to 35%.

In West Bengal, the Katwa Lok Sabha seat had a Muslim population of around 40%. From 1952 to 2009, it has always elected a Muslim MP. In 2009, this constituency was divided into two Lok Sabha seats – Bardhaman Purba and Bardhaman Durgapur. Both have an estimated Muslim population of around 20%. Besides, Bardhaman Purba is reserved for a representative of the Scheduled Castes. Since delimitation, neither of these constituencies has elected a Muslim MP.

Muslim-majority Seats Reserved for SCs/STs

In some cases, the Delimitation Commission has reserved seats for members of the Scheduled Castes or Scheduled tribes even though there are fewer members of these communities and more Muslim residents. This has effectively reduced Muslim numbers from the legislatures.

Here are some examples, though the actual list is much longer.

  • Lok Sabha constituency: Nagina (Uttar Pradesh)

    Muslim population (%): 47

    SC/ ST population (%): 21

    Group reserved for: SC

  • Lok Sabha constituency: Kutch (Gujarat)

    Muslim population (%): 22

    SC/ ST population (%): 11

    Group reserved for: SC

  • Lok Sabha constituency: Rajmahal (Jharkhand)

    Muslim population (%): 34

    SC/ ST population (%): 29

    Group reserved for: ST

Discrimination against SCs, STs

Ironically, some seats have been reserved to benefit Dalits and Adivasis but there are several seats, in the Lok Sabha and state assemblies, that have significant populations of these communities but are unreserved and open to be contested by all communities. This has hindered the emergence of effective community leaders from the Scheduled Castes and Scheduled Tribes in areas where they have strong numbers and can raise the issues of these communities.

Here are some examples.

  • Lok Sabha constituency: Habibpur (West Bengal)

    SC/ST population %: 48.9

    Reservation status: Unreserved

  • Lok Sabha constituency: Aurangabad (Bihar)

    SC/ST population %: 29

    Reservation status: Unreserved

  • Lok Sabha constituency: Hasan (Karnataka)

    SC/ST population %: 20

    Reservation status: Unreserved

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