Polity CA (Class-2) Handout by Mr.

Samarjit Mishra
Delimitation Commission:
• The exercise of redrawing the boundaries of Lok Sabha and Legislative Assembly
Constituencies in a region is known as delimitation.
• Article 82 and Article 170 of the Constitution empowers the Parliament to
readjust the allocation of seats in the Lok Sabha and the Legislative Assemblies of
States respectively, after every census. Accordingly, Parliament enacts a
Delimitation Commission Act and Delimitation Commission.
• The Parliament has enacted the Delimitation Commission Acts in 1952, 1962,
1972 and 2002 for this purpose. The 42nd Amendment in 1976 froze
delimitation until the first census after 2000, and the 84th Amendment in 2002
extended the freeze until 2026. The next Delimitation Commission will be set up
after 2026.

Article 330 and Article 332 of the Constitution provide for re-fixing the number of
seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok
Sabha and the Legislative Assemblies of the states, on the basis of the 2001 census.

Delimitation Commission is a high-powered committee entrusted with the task of drawing and
redrawing of boundaries of different constituencies for state assembly and Lok Sabha elections.
It is appointed by the President and has membership of :
• A retired or working Supreme Court Judge (chairperson)
• Election Commissioner
• Concerned State Election Commissioners
The Commission’s orders have the force of law and cannot be called in question before any
court.
The Commission’s orders are laid before the Lok Sabha and the legislative assemblies
concerned, but they cannot effect any modifications in the orders.

VAJIRAM & RAVI 1

Article 329. Bar to interference by courts in electoral matters:
Notwithstanding anything in this Constitution
a) the validity of any law relating to the delimitation of constituencies or the
allotment of seats to such constituencies, made or purporting to be made under
article 327 or article 328, shall not be called in question in any court;
b) no election to either House of Parliament or to the House or either House of the
Legislature of a State shall be called in question except by an election petition
presented to such authority and in such manner as may be provided for by or
under any law made by the appropriate Legislature.

Disqualification of members:
Qualification criteria:
Article 84 prescribes the following qualifications:
1. Must be a citizen of India. (Natural + Naturalised)
2. Minimum age 30 years in Rajya Sabha and 25 years in Lok Sabha.
3. He must make an oath or affirmation before some persons authorized on that
behalf by the Election Commission.
4. He must possess some qualifications prescribed by parliament.
For this purpose, Parliament enacted the Representation of People Act, 1951.
Sections 3 and 4 of RPA 1951: a person must be registered as a voter in any of the parliamentary
constituencies.

Disqualification criteria;
Article 102 deals with some grounds for disqualification of a member of either house of
parliament:
1. A person of unsound mind.
2. A person of the undischarged insolvent.
3. Holding Office of Profit
o Neither defined in constitution nor in the Representation of
People Act.
o Interpreted to mean ‘Monetary gain’
o developed through many case laws; Abdul Shukoor v. Election
Tribunal, Pradyut Bordoloi vs Swapan Roy (2001), Jaya Bachchan
v. Union of India(2006) etc:
I. Whether the government has the power of appointment.
II. Whether the government has the right to dismiss the holder of the
office.
III. Whether the government pays remuneration.
IV. Whether the functions performed by the holder of the office, are for the
government.
V. Whether the government exercises control over the performance of
those functions.

VAJIRAM & RAVI 2

 The Parliament (Prevention of Disqualification) Act, 1959 was amended 5
times, since its formulation, in the years 1960, 1992, 1993, 2006, and 2013
times to expand the list of offices that are exempt from disqualification. The
certain offices exempted are:
• Minister of union or state
• Leader of opposition in the Parliament
• Chairman of National Commission on Minorities; for Scheduled Castes;
for Scheduled Tribes; for Women, etc.

Why is "office of profit" a ground for disqualification:

• Upholding the constitutional responsibility: legislators who hold
such positions may be influenced by the government and may not fulfill
their constitutional responsibilities of holding the executive
accountable to the legislature.
• Separation of power: The office of profit law aims to enforce a basic
feature of the Constitution
• Ensuring checks and balances: ensures the isolation, immunity, or
independence of one branch of government from the actions or
interference of another
• Preventing conflict between duties and interests: elected member
can carry freely and fearlessly his duties without being subjected to any
kind of governmental pressure.

The 2nd ARC has also recommended that all offices with executive decision-
making powers and financial control be treated as an office of profit. The
National Commission to Review the Working of the Constitution suggested
that the Election Commission should be mandated to determine the offices of
profit.

Disqualification under the Representation of People Act:

A person shall not be a member of parliament if-

• He must have been found guilty in the practice at an election.
• He must have been convicted for an offense resulting in imprisonment for
a term of two or more years.
• He must have failed to lodge an account for election expenses.
• He must not have been interested or shared in government services.
• He must not be a director or manager of profit in a corporation in which
government has at least 25% share.
• He must not have been dismissed from the government service due to
corruption or disloyalty to the state

VAJIRAM & RAVI 3

Disqualification on the ground of Defection:

Introduced by 52nd Amendment Act made necessary changes in Articles 101, 102, 190 and 191
and added a tenth schedule to the constitution.
Criteria for defection;
• If he voluntarily gives up his membership in such a political party.
• If he votes or abstains from voting contrary to the directions of his political party
unless prior permission is given to him.
• A member elected as an independent candidate shall be disqualified if he joins
any party after being elected.
• Nominated member joins a political party after 6 months.

Exceptions:
• Where the original political party merges with another party, provided 2/3 of the
members of the party agreed to such a merger.
• When a member of a political party is elected as the presiding officer, he may give
up the membership of that party and become a member of another party.

Disqualification due to vacation of seats:

Article 101 (1) provides that no person shall be elected as a member of both houses of
parliament. Representation of People Act details it out:
Situation Condition Action
elected to both houses choose the house in which If fails - his seat in the
he desires to serve, within Rajya Sabha will become
10 days vacant.
already a member of Rajya choose the house he If fails - seat in Rajya sabha
Sabha elected to Lok Sabha desires to serve within 10 will become vacant
days
already member of Lok choose the house he If fails - seat in Lok sabha
Sabha, elected to Rajya desires to serve within 10 will become vacant
Sabha days

Article 102 (2) provides that no person shall be member both of parliament and of a house of
the Legislature of the state as per the Prohibition of Simultaneous Membership Rules, 1950. If
no decision taken in 14 days, his seat in parliament will become vacant.

Article 102 (3) provides that any member of either house of parliament can resign his seat by
addressing to the presiding officer. On the acceptance of their resignation, their seat will be
vacant.

VAJIRAM & RAVI 4

Article 101 (4) provides that if a member of either house of parliament is absent for a period of
sixty days, without prior permission of the house which he belongs, his seat in the such house
will become vacant.

Parliamentary privileges:
Context:
✓ SC overrules majority verdict in JMM bribery case: ‘corruption and bribery by
members of legislature erode probity in public life’
✓ “Bribery is not rendered immune under Article 105(2) and the corresponding
provision of Article 194 because a member engaging in bribery commits a crime
which is not essential to the casting of the vote or the ability to decide on how the
vote should be cast,”
Parliamentary privileges are the rights and immunities enjoyed by members of Parliament
(MPs) in India to enable them to discharge their duties and functions without interference or
intimidation.
Sources:
• Constitution of India - Article 105 and 122
• Parliamentary conventions
• Laws made by the Parliament
• Rules of Lok sabha and Rajya sabha
• Judicial interpretations
Important facts:
I. Constitutional safeguards
a. Art. 105/ 194 : shall be freedom of speech in Parliament/ state legislature
b. Art. 122/ 21 : proceedings in Parliament shall not be called in question in
court
II. Co-terminus with membership
III. Not absolute and are subject to certain limits (Article 14, 19 and 21)
IV. Parliament has not yet codified the privileges.

VAJIRAM & RAVI 5

When any of the privileges is disregarded or attacked by any individual or authority,
the offence is called a `breach of privilege'.

Contempt of the House may be defined generally as any act or omission which
obstructs or impedes either House of Parliament in the performance of its functions.

Importance;
• ensure the independence and integrity of the legislative body
• carry out their duties and responsibilities without fear of intimidation or
interference
• allow members to obtain and share information crucial to decision-making
processes
• safeguard the independence and integrity of democratic institutions

VAJIRAM & RAVI 6

Women Reservation; NARI SHAKTI VANDAN ADHINIYAM 2023 (CAA 106TH
AMENDMENT)
Objective:
• Convention on the Elimination of All Forms of Discrimination Against Women,
1979 mandates the eradication of gender-based discrimination in political and
public spheres, with India being a signatory.
• From Women Development to Women led Development. To reserve one-third of
the seats for women in the Lok Sabha, State Assemblies, and the Delhi Assembly.

Background:
• According to Global Gender Gap Report 2022; India ranks 48th out of 146 in the
Political Empowerment Dimension.
• Presently 14.4% of the members of the Indian Parliament are women (highest)
• Women = Men in casting ballots in the 2019 Lok Sabha elections
Key provisions
• Inserted Article 330A - reservation of seats for women in the Lok Sabha
• Inserted Article 332A - reservation of seats for women in the State Legislative
Assemblies
• In the seats reserved for SCs/STs, it provides for one-third of the seats to be
reserved for women and there is No OBC reservation.
• Inserted Article 334A: it will be effective after the census and delimitation
conducted after the commencement of this act
• Amended Article 239AA to reserve one-third of the seats for women in Delhi
assembly
• Reservation is valid for 15 years from the start date, extendable by Parliament
law.
• It allows for the periodic rotation of women-reserved seats after each
delimitation, as determined by Parliament.

VAJIRAM & RAVI 7

Women Power in New India;

✓ Nari Shakti Adhiniyam passed giving 33% reservation to women

✓ National Sex Ratio improved to 1020 for the first time
✓ Paid maternity leave increased to 26 weeks
✓ Over 4.73 Crore pregnant women examined under PM Surakshit Matritva
✓ Abhiyan
✓ 3.2 Crore Sukanya Samruddhi Yojana accounts
✓ Around 10 crore smoke-free kitchens by providing LPG Gas cylinders
✓ 72% women ownership under PM Awas Yojana Gramin
✓ MMR to 97/lakh live births in 2018-20 from 130/lakh live births in 2014-16
✓ Abolition of Triple Talaq empowering Muslim women
✓ 69% of the loans have been sanctioned to women entrepreneurs under PMMY
and
✓ 84% of the beneficiaries under Stand-Up India are women.
✓ Permanent commission granted to Women Officers in 12 Arms and Services.
✓ Entry of women as Agniveers commenced in all the three Services
✓ 43% STEM graduates in India are women which is highest in the world

VAJIRAM & RAVI 8