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Delimitation Commission 2022

The Delimitation Commission headed by Justice Ranjana Prakash Desai, (a retired Judge of the
Supreme Court of India), and Sh. Sushil Chandra, (Chief Election Commissioner) and Sh. K. K.
Sharma, (State Election Commissioner, Union Territory of Jammu and Kashmir), as Ex-Officio
members as set up by the Centre submitted its final report for the delimitation of Assembly and
parliamentary constituencies in Jammu and Kashmir.
What is Delimitation?
 Delimitation Commission of India was formed in 1951.
 Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to
represent changes in population over time. The objective is to redraw boundaries (based on
the data of the last Census) in a way so that the population of all seats, as far as practicable,
be the same throughout the State.
 Aside from changing the limits of a constituency, the process may result in change in the
number of seats in a state. The orders are laid before the Lok Sabha and the respective
State Legislative Assemblies. However, modifications are not permitted.
 The delimitation process is overseen by the Delimitation Commission, an independent high-
powered body whose rulings have the force of law and cannot be challenged in court.
 In conformity with the Constitution, this activity also includes the reserving of Assembly
seats for SC and ST.
 The composition of the Delimitation Commission is:
1. Retired Supreme Court judge
2. Chief Election Commissioner
3. Respective State Election Commissioners.

Constitution Provisions for Delimitation Commission

 After each Census, Parliament passes a Delimitation Act under Article 82.
 Article 170 states that following each census, states are divided into territorial constituencies
based on the Delimitation Act.

History of Delimitation Commission in India

 Delimitation commissions have been set up four times in the past — 1952, 1962, 1972 and
2002 — under Delimitation Commission Acts of 1952, 1962, 1972 and 2002.
 The present delimitation of parliamentary constituencies within states, has been done on
the basis of the 2001 census, under the provisions of Delimitation Act, 2002. However, the
Constitution of India was specifically amended (84th amendment) in 2002, not to have
interstate delimitation of constituencies till 2026.
 During The Emergency, through Forty-second Amendment the government froze the total
Parliamentary and Assembly seats in each state till 2001 Census. This was done, mainly, due
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to wide discrepancies in family planning among the states. Thus, it gives time to states with
higher fertility rates to implement family planning to bring the fertility rates down. This had
led to wide discrepancies in the size of constituencies.
 The Constitution of India was specifically amended (84th amendment) in 2002, not to have
interstate delimitation of constituencies till 2026. The Constitution also limits the number of
Lok Sabha and Rajya Sabha seats to 550 and 250, respectively, thus growing populations are
being represented by a single legislator.
 1952 Delimitation Commission
1. First delimitation exercise post-independence. The Delimitation Commission of 1952
was created due to the Delimitation of Parliamentary and Assembly Constituencies
Order, 1951.
2. Justice N Chandrasekhara Aiyar, a retired justice of the Supreme Court, was its
chairman in 1953.
3. It was based on 1951 census.
 1962 Delimitation Commission
1. First delimitation exercise after the reorganization of states in 1956. Only single-seat
constituencies.
2. Based on 1961 census.
 1972 Delimitation Commission
1. Based on 1971 Census
2. Chaired by Justice J L Kapur, a retired justice of the Supreme Court.
 2002 Delimitation Commission
1. Set up on 12 July 2002 after the 2001 census with Justice Kuldip Singh, a retired Judge of
the Supreme Court as its Chairperson.
2. The assembly election in Karnataka, conducted in three phases in May 2008, was the
first to use the new boundaries as drawn by the 2002 delimitation commission.
3. The tenure of the Delimitation Commission lasted until 31 May 2008. The delimitation
orders issued by the Commission were given effect from 19 February 2008 for most
states and union territories and 20 March 2008 for Tripura and Meghalaya, by a
presidential order. The orders regarding Jharkhand were nullified till 2026 by inserting
section 10B into the Delimitation Act, 2002. The delimitation of four north-eastern
states was deferred due to security risks, by four separate presidential orders, all issued
on 8 February 2008, for Assam, Arunachal Pradesh, Nagaland and Manipur. The order
regarding Assam was rescinded on 28 February 2020.
4. Subsequently, the Government of India has reconstituted the Delimitation Commission
for these four states as well as the union territory of Jammu and Kashmir on 6 March
2020, under the chairpersonship of former Supreme Court judge Ranjana Prakash
Desai. In March 2021, the four north-eastern states were removed from the purview of
the reconstituted Commission.
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Jammu and Kashmir (J&K) Delimitation Commission
 The then-J&K government revised the J&K Representation of the People Act in 2002 to
postpone the delimitation procedure until 2026, as is the case across the country.
 J&K region’s special status was scrapped by the Centre in August 2019. Until then,
delimitation of Lok Sabha seats in J&K was governed by the Constitution of India, but the
delimitation of the state’s Assembly seats was governed by the Jammu and Kashmir
Constitution and Jammu and Kashmir Representation of the People Act, 1957.
 After the abrogation of J&K’s special status in 2019, delimitation of Lok Sabha and Assembly
seats in the newly-created Union Territory would be as per the provisions of the Indian
Constitution.
 Assembly seats in J&K were delimited in 1963, 1973 and 1995. The last exercise was
conducted by the Justice (retired) K K Gupta Commission when the state was under
President’s Rule and was based on the 1981 census, which formed the basis of the state
elections in 1996.
 There was no census in the state in 1991 and no Delimitation Commission was set up by the
state government after the 2001 census as the J&K Assembly passed a law putting a freeze
on the fresh delimitation of seats until 2026. This freeze was upheld by the Supreme Court.
The J&K Assembly, at that time, had 87 seats — 46 in Kashmir, 37 in Jammu and 4 in
Ladakh.
 Twenty-four more seats are reserved for Pakistan-occupied Kashmir. The freeze, some
political parties argue, has created inequity for Jammu region.
 On March 6, 2020, the government set up the Delimitation Commission, headed by retired
Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation
in J&K in a year. As per the Jammu and Kashmir Reorganisation Bill, the number of Assembly
seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu
region. Apart from Desai, Election Commissioner Sushil Chandra and J&K State Election
Commissioner K K Sharma are the ex-officio members of the delimitation panel. That apart,
the panel has five associate members.
 Although the Commission was tasked to finish delimitation in a year, on March 4, 2021, it
was granted a year’s extension.
 The former J&K state had 111 seats, including 46 in Kashmir, 37 in Jammu, and four in
Ladakh, plus 24 for Pakistan-occupied Kashmir (PoK).
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Final Report of the Jammu and Kashmir (J&K) Delimitation Commission

 Changes in Assembly Seats

1. The Commission has increased seven
Assembly seats — six in Jammu (now 43
seats) and one in Kashmir (now 47). It has
also made massive changes in the structure
of the existing Assembly seats.
2. The changes mean that 44% of the
population (Jammu) will vote in 48% of the
seats, while the 56% living in Kashmir will
vote in the remaining 52% of the seats.
3. For the first time, nine seats have been
reserved for Scheduled Tribes out of
which, 6 are in Jammu region and 3 ACs in
the Valley, and 7 for the scheduled caste
(SC) candidates.
4. By this reorganisation each Parliamentary
Constituency will have equal number of 18 Assembly Constituencies each.

 Changes in Lok Sabha Seats

1. The territory has five Parliamentary Constituencies. The Jammu and Kashmir area was
viewed by the Delimitation Commission as a single Union Territory.
2. The Commission has redrawn the boundaries of Anantnag and Jammu seats. Jammu’s Pir
Panjal region, comprising Poonch and Rajouri districts and formerly part of Jammu
parliamentary seat, has now been added to Anantnag seat in Kashmir. Also, a Shia-
dominated region of Srinagar parliamentary constituency has been transferred to Baramulla
constituency, also in the Valley.
 The Commission has recommended “provision of at least two members from the
community of Kashmiri Migrants (Kashmiri Hindus) in the Legislative Assembly. It has also
recommended that Centre should consider giving representation in the J&K Legislative
Assembly to the displaced persons from Pakistan-occupied Kashmir, who migrated to
Jammu after Partition”.
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Practice Questions:
Passage 1:
Jammu and Kashmir delimitation commission's order on electoral segments in the Union
Territory came into effect from Friday after the Central government issued the notification in
this regard. Union Ministry of Law and Justice on Friday issued a notification declaring May 20 as
the date on which the order of the delimitation commission shall come into effect.
The delimitation commission was headed by justice (Retired) [X], former chief election
commissioner of India, Sushil Chandra, and J&K election commissioner, K.K. Gupta.
In its reorganisation of electoral segments, the commission has delimited 90 assembly seats for
J&K out of which 47 are for the Kashmir division 43 for Jammu division. For the first time, 9
seats have been reserved for scheduled tribe (ST) candidates and 7 for the scheduled caste (SC)
candidates. Two seats will be nominated out of the Kashmiri Pandit community and in a
significant development, both members thus nominated would have voting rights like the elected
members. The commission has not made any delimitation for the 24 seats reserved for the
Pakistan occupied part of Jammu and Kashmir.
Source: Business Standard (https://www.business-standard.com/article/politics/j-k-delimitation-
commission-order-comes-into-effect-122052001709_1.html)
1. Which retired judge was heading the Jammu and Kashmir delimitation commission?
(Redacted by X in the passage)
A. Ranjana Prakash Desai
B. Kuldeep Singh
C. Dipak Misra
D. J L Kapur
2. Consider the following statement:
i. Parliament passes a Delimitation Act under Article 80
ii. The Commission has increased seven Assembly seats
iii. The territory has five Parliamentary Constituencies
A. All statements are true
B. Only i is true
C. Only i and iii are true
D. Only ii and iii are true
3. During The Emergency, through Forty-second Amendment the government froze the
total Parliamentary and Assembly seats in each state till?
A. 2001 Census
B. 2002 Census
C. 2003 Census
D. 2000 Census
4. The Delimitation Commission has been set up how many times in the past?
A. Five
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B. Three
C. Four
D. Seven
5. The Constitution limits the number of Lok Sabha and Rajya Sabha seats to_____ and
_________, respectively.
A. 555 and 247
B. 550 and 250
C. 543 and 260
D. 522 and 247

Answers:
1. A
2. D
3. A
4. C
5. B

MCQSs:
1. When was the first Delimitation Exercise carried out?
A. 1950
B. 1951
C. 1952
D. 1953
2. In the final report submitted by the Delimitation Commission for Jammu and Kashmir, how
many seats have been reserved for Scheduled Tribes?
A. 7
B. 9
C. 5
D. 3
3. When was the last delimitation exercise carried out in Jammu and Kashmir?
A. 2002
B. 1995
C. 1990
D. 1992
4. Consider the following statements:
i. The orders of the delimitation commission are laid before the Lok Sabha and the
respective State Legislative Assemblies. However, modifications are not permitted.
ii. The rulings of the delimitation commission have the force of law and cannot be
challenged in court,
A. Only i is true
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B. i is true but ii is false
C. Only ii is true
D. Both i and ii are true
5. When was the Delimitation Commission Jammu and Kashmir set up?
A. March 6, 2021
B. March 6, 2020
C. March 6, 2022
D. March 6, 2019
6. Who is the present Lieutenant Governor of the UT of Jammu and Kashmir
A. Satya Pal Malik
B. Girish Chandra Murmu
C. Manoj Sinha
D. R.K. Mathur

Answers:
1. C
2. B
3. B
4. D
5. B
6. C