Delimitation Concerns: Lessons from Jammu & Kashmir, Assam

Syllabus:

GS-2:

Indian Constitution , Elections , Statutory Bodies

Focus:

With the upcoming 2026 delimitation exercise, concerns have been raised regarding regional power imbalances and communal biases in constituency demarcation. Past experiences in Jammu & Kashmir (2022) and Assam (2023) highlight the risks of unequal representation, administrative inefficiencies, and religious polarization, sparking debates on the need for a fair and transparent process.

Delimitation Concerns: Lessons from Jammu & Kashmir, Assam

The Need for a Balanced Delimitation Process:

Addressing Representation Concerns

  • A fresh delimitation exercise must ensure fair and proportional representation in both Parliament and State Assemblies.
  • A democratic approach suggests freezing parliamentary seats while increasing Assembly seats in States with rising populations.
  • This would strengthen local governance, as Members of Legislative Assemblies (MLAs) are the primary representatives for local issues, while Members of Parliament (MPs) focus on national policy.

Addressing Regional Power Imbalances

  • Southern States have expressed concerns over losing influence due to lower population growth rates.
  • A possible solution is redistributing Rajya Sabha seats equally among the five regional zones (North, South, East, West, and Central).
  • Strengthening Zonal Councils could help balance regional interests, but these councils have been largely inactive in recent years.
  • The Inter-State Council, which has not met since 2016, should be revived to coordinate regional concerns.

Understanding Delimitation in India: Key Aspects

What is Delimitation?

  • Definition: The process of fixing boundaries of electoral constituencies in a country to reflect population changes.

Why is Delimitation Necessary?

  • Ensures equal representation for equal population segments.
  • Maintains fair electoral divisions, preventing advantage to any political party.
  • Upholds the “One Vote, One Value” principle.

How is Delimitation Carried Out?

  • Article 82: Parliament enacts a Delimitation Act after every Census.
  • Article 170: States are divided into constituencies per Delimitation Act.
  • Once enacted, the Union Government sets up a Delimitation Commission.
  • Historical Timeline:
  • 1950-51: First delimitation by President (with Election Commission).
  • 1952: Delimitation Commission Act enacted.
  • Delimitation Commissions: Set up in 1952, 1963, 1973, and 2002.
  • No delimitation after 1981 & 1991 Censuses.

Delimitation Commission

  • Appointed by: President of India (works with the Election Commission).
  • Composition:
  • Retired Supreme Court Judge (Chairperson).
  • Chief Election Commissioner.
  • Respective State Election Commissioners.
  • Functions:
  • Define boundaries of constituencies for equal population distribution.
  • Identify reserved seats for SCs/STs.
  • Its decisions have legal force and cannot be challenged in court.

Current Status of Delimitation

  • 2009 General Elections: 499 out of 543 constituencies were newly delimited.
  • Exempted States/UTs: J&K, Arunachal Pradesh, Assam, Jharkhand, Manipur, and Nagaland.
  • Next Delimitation Commission: Expected after 2026, based on new Census data.
  • Articles 330 & 332: Define SC/ST reserved seats based on the 2001 Census.

National Register of Citizens (NRC) & Delimitation

  • NRC: Register of all residents based on 1951 Census.
  • Originally maintained by: Deputy Commissioners and later transferred to Police in the 1960s.
  • MHA Directive: NRC was prepared under Ministry of Home Affairs instructions.

Lessons from Jammu & Kashmir’s Delimitation (2022):

Disproportionate Representation

  • The 2022 delimitation in Jammu & Kashmir was widely criticized by all major political parties except the ruling Bharatiya Janata Party (BJP).
  • The seat allocation favored Jammu (which gained six seats) over Kashmir (which gained just one), despite comparable population sizes.
  • This resulted in a vote disparity, where a vote in Jammu held 2 times the weight of a vote in Kashmir.

Administrative and Geographic Challenges

  • New constituencies were drawn without logical geographic or administrative reasoning.
  • Example: The inclusion of Poonch and Rajouri (Jammu region) into Anantnag (Kashmir Valley) created logistical difficulties, as these areas are separated by the Pir Panjal mountain range.

Allegations of Communal Demarcation

  • The newly created six Assembly constituencies (Jasrota, Ramgarh, Ramnagar, Vaishno Devi, Padder-Nagseni, and Doda West) were all Hindu-majority.
  • Muslim-majority Kishtwar was redrawn to become Hindu-majority by merging it with Hindu-dominated areas from the former Inderwal constituency.
  • Some new constituencies had extremely small electorates (e.g., Vaishno Devi, Padder, and Doda West had only 50,000 voters) compared to larger Muslim-majority constituencies like Dooru (1.92 lakh) and Surankote (1.77 lakh).

The Assam Delimitation (2023): A Similar Pattern

Preemptive Government Actions

  • Unlike Jammu & Kashmir, Assam’s total number of Assembly seats remained unchanged.
  • However, before the delimitation, the Assam government merged four districts back into their original districts, reducing the total number from 35 to 31.

Reduction of Muslim-Majority Seats

  • The district merger led to the disappearance of 10 Muslim-majority constituencies, including South Salmara, two seats in Barpeta, Darrang, Nagaon, Dibrugarh, Sibsagar, Jorhat, Hailakandi, and Karimganj.
  • Simultaneously, Hindu and tribal-dominated seats increased, raising concerns about targeted political reorganization.

Unequal Population Representation

  • Like in Jammu & Kashmir, Assam’s new constituencies varied widely in population size, raising questions about fairness.
  • The pattern suggested a strategic shift in representation to benefit certain political interests.

Key Risks of the 2026 Delimitation Exercise:

Population-Based Bias and Power Imbalance

  • A strict population-based delimitation would increase representation for northern States, which have experienced higher population growth.
  • This could further reduce the influence of southern and more developed States, deepening regional inequalities.

Communal Electoral Demarcation

  • Recent delimitations suggest a trend of using communal factors to reshape constituencies.
  • There is a risk that the 2026 delimitation may follow the same pattern, marginalizing minority communities in the electoral process.

Risk of Political Polarization

  • Historically, many regional parties have maintained secular voter bases, with voters from all religions supporting Trinamool Congress in Bengal or DMK in Tamil Nadu.
  • However, a communally driven delimitation process could disrupt this pattern and lead to greater religious polarization in elections.

Extension of Border-State Policies to the Heartland

  • In the past, controversial policies (such as harsh security laws) were limited to conflict-prone border States.
  • Now, similar policies are expanding nationwide, increasing concerns that communal delimitation tactics may also extend beyond border States.

The Way Forward: Ensuring Fair and Inclusive Delimitation:

Addressing Regional Representation Imbalance

  • Instead of increasing parliamentary seats in populous States, India could:
    • Increase State Assembly seats to strengthen local governance.
    • Rebalance Rajya Sabha seats equally across five geographic zones.
    • Strengthen Zonal Councils and revive the Inter-State Council to ensure cooperative federalism.

Implementing Transparent Delimitation Criteria

  • Delimitation should be based on objective and transparent criteria, not political or communal motivations.
  • The Election Commission and Delimitation Commission should ensure proportional representation without religious or ethnic bias.
  • Any major changes must undergo public consultations and Parliamentary debate.

Legal and Institutional Safeguards

  • Stronger judicial oversight and independent audits should be mandated for future delimitation exercises.
  • Political parties and civil society organizations must push for legal protections against communal or politically motivated delimitation.

Public and Political Awareness

  • The Opposition and regional parties must actively raise awareness about the risks of biased delimitation.
  • The public should be educated on how unfair constituency demarcations impact democratic representation.

Conclusion:

Delimitation is a crucial exercise that shapes India’s democratic structure. However, past experiences in Jammu & Kashmir and Assam highlight risks of population bias and communal demarcation. The 2026 delimitation must ensure fair, inclusive, and regionally balanced representation. A transparent and democratic approach is essential to prevent political polarization and threats to federalism.

Source: TH

Mains Practice Question:

Discuss the challenges posed by delimitation in ensuring fair representation and federal balance in India. How can the government prevent regional disparities and communal biases in the 2026 delimitation exercise? Suggest measures to strengthen the delimitation process while maintaining the principles of democracy and cooperative federalism. (250 words)