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What is delimitation and why is DMK opposing it even though the central government hasn’t announced it yet

India Gandhi’s emergency government used the 42nd Amendment Act to halt delimitation till 2000, and then It was extended until at least 2026 by the Atal Bihari Vajpayee government, therefore, delimitation is due in 2026, after over 50 years

After the charges of alleged “Hindi imposition” in Tamil Nadu and its campaign against the National Education Policy (NEP) 2020, the Dravida Munnetra Kazhagam (DMK) has raised concerns about the potential implementation of “delimitation” across the nation. The delimitation of constituencies for the Lok Sabha and State Legislative Assemblies is set to take place according to the first census conducted after 2026, as the 2021 census faced postponement initially because of the COVID-19 pandemic and subsequently due to delays attributed to the central government.

The Chief Minister of Tamil Nadu, MK Stalin, however, has reignited the debate by encouraging newly married couples to begin their families promptly, suggesting that this will help secure Tamil Nadu’s position in the upcoming process. “Earlier, we used to say, take your time and have a baby. But now the situation has changed and we should say it now. Now I would not say don’t hurry. There is a situation that only if we have a large population, we can have more MPs. This situation has emerged because we succeeded in effective population control. Get children immediately, but give them beautiful Tamil names,” he recently conveyed during the wedding of a DMK district secretary in Nagapattinam.

The remarks followed Union Home Minister Amit Shah’s statement regarding the impending delimitation process, which will redraw the boundaries of parliamentary and assembly constituencies on the basis of the most recent demographic data. Stalin previously claimed that Tamil Nadu would lose up to eight of its 39 Lok Sabha constituencies, which would leave the state with just 31 seats. He even referred to the process as a “sword hanging over the head of South India” inducing fear of reduced representation and rights for Tamil Nadu.

What is delimitation, and what is its constitutional commitment

Delimitation is the procedure used to determine the number of seats and the boundaries of each state’s territorial constituencies for the Legislative and Lok Sabha assemblies. The “Delimitation Commission,” formed by a parliamentary act, is responsible for carrying out the task. In essence, delimitation is inherently connected to the size of the population. States that have larger populations are allocated more representatives in parliament than those with smaller populations.

Consequently, it has a considerable impact on the representation of states in Parliament and is instrumental in the formation of the government and the distribution of power. It also entails figuring out which seats in these houses should be set aside for Scheduled Tribes (ST) and Scheduled Castes (SC).

The constitutional commitment to a equitable representation of citizens in elected bodies and to a fair and representative electoral system is embodied in the delimitation of constituencies. The number of Indians represented by an MP or MLA remains approximately constant by adjusting the number of constituencies in Parliament and state assemblies based on the most recent demographic statistics (Article 81 premise of one citizen, one vote, one value).

“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” per Article 82 (Readjustment after each census). According to Article 170(3), the “total number of seats in the Legislative Assembly of each state and the division of each state into territorial constituencies” would be recalculated “upon the completion of each census.”

Now, the delimitation of constituencies will come after the postponed 2021 census, which is now anticipated to get underway this year. The boundaries of current constituencies were frozen by the Constitution (Eighty-fourth Amendment Act, 2001) until “the first census taken after the year 2026.”

History of delimitation

The Delimitation Commission Act of 1952 established the first delimitation commission to delineate the borders of state assembly and Lok Sabha constituencies subsequent to the 1951 census. The acts of 1952, 1962, 1972 and 2002 authorized four delimitation commissions in 1952, 1963, 1973 and 2002. The President assisted by the Election Commission, conducted the first delimitation exercise in 1950–51. Delimitation commissions established under the succedding succeeding acts have since redrawn the boundaries three times.

According to the Indian Constitution, the number of members in the Lok Sabha should be distributed based on each state’s populace to make the ratio of seats to population as nearly equal as practicable for all areas. It is meant to make sure that regardless of the state in which a person resides, their vote carries the same weight. On the other hand, this clause allowed states with little interest in population control to gain more seats in Parliament.

The Constitution was therefore amended to prevent these outcomes. The 42nd Amendment Act of 1976 prohibited the states from receiving seats in the Lok Sabha and from dividing each state into territorial constituencies until 2000. The government was given the authority to revise and rationalize the territorial constituencies in the states based on the 1991 census population data by the 84th Amendment Act of 2002.

The 87th Amendment Act of 2003 permitted constituencies to be delimited employing the 2001 census rather than the 1991 census. Nonetheless, this could be accomplished without changing the number of Lok Sabha seats allocated to each state.

Growth of Lok Sabha seats over time. (Source: Business Standard)

The 2001 census was used to redraw several electoral boundaries in the last delimitation. However, since the delimitation in 1972, the number of seats in state assemblies, the number of members in the Lok Sabha, and the number of seats assigned to each state have not altered. The number of Lok Sabha seats was set at 543 based on the 1971 census, suggesting that each MP represented about a million Indians. (Prior to the 1951 and 1961 censuses, the number of lower house seats was set at 494 and 522, respectively.)

The number of Lok Sabha seats remained unchanged till 2000, as during a vigorous family planning program in 1976, the Emergency government used the 42nd Amendment Act to halt delimitation for 25 years to prevent states with faster population growth from benefiting from it. Additionally, the same was extended until at least 2026 by the Atal Bihari Vajpayee government in 2002 via the 84th Amendment Act.

State-wise Lok Sabha seats. (Source: vajiramandravi/Instagram)

Despite the 2001 adjustments to constituency boundaries and SC/ST reservations, the 543 Lok Sabha seats and 250 Rajya Sabha seats continue to be founded on the 1971 census. 129 of the 543 Lok Sabha seats are now held by southern states. Telangana has 17 seats, Andhra Pradesh has 25 seats, Kerala has 20 seats, Karnataka has 28 seats, and Tamil Nadu has 39 seats, which account for 24% of representation in the lower house.

Significance of delimitation

Delimitation, which modifies the number of seats in the Lok Sabha and state Legislative Assemblies in accordance with population fluctuations, guarantees equal representation. The democratic ideal of “one citizen-one vote-one value,” which is also enshrined in the Constitution, is uphled by the exercise. Delimitation seeks to provide a fair distribution of seats among various regions by redrawing the borders of territorial constituencies while taking population changes over time into account. This prevents some regions from being overrepresented or underrepresented.

It guarantees sufficient political representation for underrepresented groups by deciding how reserved seats for Scheduled Castes (SC) and Scheduled Tribes (ST) are distributed in line with constitutional rules. Delimitation affects the distribution of political power among states, which has an effect on federal principles. It is vital to find a middle ground between population representation and federal factors to ensure cohesion among different areas.

The next delimitation process is anticipated to be guided by the 2031 census, which will change the number of parliamentary seats granted to states and redraw boundaries. However, since the 2021 census has been postponed, delimitation discussions have already started in preparation for the 2026 deadline. Without necessarily altering the overall number of parliamentary seats, delimitation could lead to more, fewer or modified constituencies. However, estimates indicate that the number of Lok Sabha seats could rise from 543 to 753 if current population trends persist.

Union Home Minister Amit Shah declared that the center would carry out two major initiatives following the 2024 Lok Sabha elections: the delimitation process and the national census. India’s population is predicted to grow to 1.42 billion people by 2026. Tamil Nadu might witness a rise from 39 to 41 seats, Telangana from 17 to 20, Karnataka from 28 to 36 and Andhra Pradesh from 25 to 28. Kerala, whose population is growing at the slowest rate, would lose a seat, going from 20 to 19.

How the process of delimitation works

A delimitation commission, consisting of the Chief Election Commissioner or his equivalent, the State Election Commissioners and a retired Supreme Court judge, is appointed by the President. Furthermore, each state or Union Territory going through delimitation has an associate (or co-opted) member appointed to it. These members are MLAs chosen by the speaker of the relevant Legislative Assembly and current Members of Parliament selected by the Speaker of the Lok Sabha.

Although they offer suggestions and counsel, associate members are not able to make decisions or cast votes on matters where it is required. There is no legal challenge to the commission’s updated borders and it functions independently of the government.

Delimitation is primarily based on census data. The most important source of information for restructuring electoral boundaries that takes socioeconomic realities, population density and geographic proximity into consideration is census data.

The details specifically aid in identifying areas with sizable populations of Scheduled Castes (SC) and Scheduled Tribes (ST), ensuring that seats are reserved proportionately to their share. Dalit populations are dispersed, hence, the number of SC seats is dictated by the concentration of this community members as well as how these seats are split throughout the state’s several parts.

The delimitation commission publishes its recommendations after drawing prospective borders and solicits input from the public, political parties and other stakeholders. The delimitation plan is completed after the required changes have been implemented. The commission’s instructions become effective in the following election after they are released in the official gazette.

DMK’s opposition to delimitation and BJP’s rebuttal

On 5th March, Stalin invited 40 political parties that were registered with the Election Commission to an all-party meeting to address the ramifications of delimitation. He encouraged opposition leaders to set aside their political disagreements for the benefit of Tamil Nadu’s future, stressing that cooperation across party lines was necessary. With party Lok Sabha MP Kanimozhi declaring that they were ready to fight to the end, the DMK has restated its adamant opposition to what it described as a “unfair delimitation process” on numerous occasions.

“Chief Minister MK Stalin has made it very clear that we are not against delimitation. We are against unfair delimitation. We do not want states like Tamil Nadu, Kerala, Karnataka, Telangana and Punjab, which have controlled their population growth, to suffer. Some states have reduced their population growth to 12-14 per cent, while in others, it has increased by 27 per cent.” she stated after the first fair delimitation joint action committee meeting.

She added, “Since delimitation is currently based only on population, it would mean that states that have done well will be punished, and those that haven’t will be rewarded. Our representation in Parliament will be reduced, and we will be unfairly disadvantaged.” She further claimed, “Not just DMK, but all the leaders who participated in the programme, whom our Chief Minister invited, have voiced their concerns. The representation of southern states and Punjab will decline significantly. Politics is a numbers game. When our numbers go down, why would anyone give us importance?” 

“We are already being forced to accept policies like the three-language policy and are seeing unfair devolution of funds. If our representation is further reduced, our voice will become immaterial,” she alleged. Meanwhile, the comments have been disregarded by the BJP, with Tamil Nadu party head K Annamalai referring to the meeting as a “delusional fear” and Union Finance Minister Nirmala Sitharaman calling it a diversionary ploy. More importantly, Amit Shah already promised that delimitation will not result in the loss of any parliamentary seats for the southern states, including Tamil Nadu.

“Today a meeting will be held to ensure the South does not suffer on account of delimitation. The public in Tamil Nadu is disturbed. This is why the Tamil Nadu CM (Stalin) and his son (Udhayanidhi) are trying to distract the public. Stalin, the Modi government has made it clear in Lok Sabha that after delimitation, on pro rata basis, not a single seat will be reduced in any southern state and I want to reassure the public of South India that PM Modi has kept your interest in mind to make sure that not even one seat is reduced pro rata. Whatever increase is there, southern states will get a fair share, there is no reason to doubt this,” he highlighted during inauguration of party offices in Coimbatore, Tiruvannamalai and Ramanathapuram.

He also charged Stalin with “lying to the Tamil people” and inflaming the situation to “draw attention” away from the purported shortcomings of his administration. He remarked, “You (Stalin) are lying to Tamil people and misleading them with false claims about delimitation. I demand your reply, why are you making these false claims?” Shah also outlined the history of corruption, governance, and law and order under the Stalin government.

He declared that the DMK is one party with a master’s degree in corruption and accused its leaders of sand mining, money laundering and involvement in frauds like the 2G scam. “Tamil Nadu’s law and order standards are becoming low compared to other states,” he mentioned throwing light on the state’s current situation.

AIADMK exposes DMK stance on delimitation

Stalin recently headed the Joint Action Committee (JAC) meeting, which met in Chennai and passed a resolution condemning any delimitation process that was opaque and excluded key players. It also demanded that the present delimitation freeze be renewed for another 25 years. The primary opposition party in Tamil Nadu, the All India Anna Dravida Munnetra Kazhagam (AIADMK) denounced the parliamentary delimitation meeting as a fabricated theater intended to conceal the party’s shortcomings. AIADMK spokesperson Kovai Sathyan fiercely opposed the event which was attended by Telangana CM A Revanth Reddy and Kerala CM Pinarayi Vijayan.

He also noted the discrepancy between the invitation letter and the party’s official statement on delimitation, drawing attention to Stalin’s contradictory position. “The invitation letter sent out by Stalin states he was not against delimitation, but that the exercise will curtail Tamil Nadu’s number of MPs. On the other hand, inside Tamil Nadu, in every nook and corner DMK is trying to say it loud that delimitation exercise itself is wrong. So which one is true? Stalin doesn’t want delimitation, or if delimitation happens, what is the solution,” he asked.

“We from AIADMK propose that the proportion of 7.18 per cent that Tamil Nadu has right now with respect to MPs should not change which was intentionally omitted by DMK in its resolution that was passed in the all-party meeting called earlier,” he pointed out and added that the party is using the delimitation controversy to hide their governance failures.

“So it clearly leaves an impression to everyone in Tamil Nadu that the DMK is desperate to stick on to a narrative of delimitation which they want to carry forward to the 2026 assembly elections by hiding all their incompetencies and failures of this government which is stinking deep in corruption,” he charged.

Conclusion

Similar to DMK’s position on NEP 2020 and the three-language policy, its present objection appears to prioritize political advantage over genuine concerns, particularly in the absence of any official draft statement regarding the delimitation process. While party leaders may express differing opinions, this seems to be yet another tactic to exacerbate the north-south divide in the nation by asserting that southern states propel the country’s advancement, while northern states will receive greater parliamentary representation and authority.

The party has consistently argued that the BJP seeks delimitation to strengthen its influence in Parliament, particularly through the northern states of India. Nevertheless, the reality is that the latter has a stronger foothold in the southern states even than the Congress, as evidenced by its greater number of Lok Sabha and Rajya Sabha members from that region. This point has also been reaffirmed by the saffron party’s national president JP Nadda.

Additionally, the Prime Minister has made it clear that he wants to make his party a major force in Tamil politics, regardless of how many parliamentary or assembly seats the BJP now possesses in the state. He has been continuously working toward this goal by promoting Tamil culture, organizing the Kashi Tamil Sangamam, translating the Tirukkural into various languages and taking part in festivities such as Puthandu (Tamil New Year) and Pongal.

Given the facts, it is improbable that the Indian government will undertake any measures that might upset Tamil sentiments or allow the DMK to accuse the centre of being bias against the state. The strategy to characterize the BJP as anti-Tamil falls flat in light of the ground realities. Consequently, the DMK’s fearmongering regarding delimitation appears unfounded and comes across as a political strategy aimed at maintaining a dispute with the central government over non-existent issues to enhance its relevance within the state.

The same strategy has been evident in the demonstrations concerning NEP 2020 and the three-language policy, despite being called out and multiple clarifications by the centre, its ministers and BJP leaders.

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