Delimitation Commission of India

Delimitation Commission of India has been responsible for creating and maintaining boundaries of various Lok Sabha constituencies and assemblies based on recent census. This Commission has been seen to be appointed by the president of India and has also been seen to be working with Election Commission of India. This Commission body is independent and powerful and orders of this commission can not be challenged by any laws or in any type of courts.

Delimitation Commission of India

Delimitation generally means a process by which limits can be set of different territorial constituencies of a country that has been reported to have a legislative body. Roles and responsibilities of delimitation have always been seen to be assigned to powerful bodies. These bodies have been known as the Delimitation Commission. Delimitation Commission of India has been seen to be reformed four times depending on Delimitation Act. Delimitation Commission of India was first formed in 1952 depending on Delimitation Act 1952, later this commission was reformed in 1963 based on Delimitation Act 1962. After this reformation, the Delimitation Commission of India was seen to be reformed in 1973 based on Delimitation Act 1972. Lastly, Delimitation Commission of India has been reformed in 2020 based on Delimitation Act 2002. 

Delimitation Commission of India has been seen to have authority above all and orders that have been established by this commission can never be questioned by any courts or any laws. However, these orders of the Delimitation Commission of India have been seen to be put into action from a specific date that has been specified by the President of India. Though copies of these orders are submitted to the State Legislative Assembly and House of People, modification or change in these orders are not allowed.

As from the first formation of Delimitation Commission of India, Shri Justice Kuldeep Singh who has been a judge of Supreme Court has been seen to be appointed as chairman of Delimitation Commission of India. Other members of Delimitation Commission of India include commissioner of Election Commission and other election commissioners of unions and state territories. These appointments of these individuals have been done under either Clause (1) of Article 243 L or Clause (1) of Article 243 K of Indian Constitution. With political reactions in Jammu and Kashmir, Government of India has reformed Delimitation Commission in March 2020 with Supreme Court judge Ranjana Prakash Desai being appointed as chairman of this commission. With extension of implementation of Delimitation process, appointed chairman will remain in position till March 2022.

Delimitation Act 2002

Delimitation Act 2002 has been established in order to govern allocation and adjustments of seats in the House of People. This Act has also helped in maintaining proper allocation of seats to states. This act has been seen to conclude articles, associate member, Commission, election commission, member and state. In this Act, article means an article of Indian constitution, associate member means member who has been nominated under section 5, commission means delimitation commission which has been established under section 3, Election commission means election commission of India which has been referred to in article 324, member means individuals who have any type of membership in commission and state means union territories which have legislative assemblies.

According to this Act, the Delimitation Commission should determine its own procedures and should also have all powers of a civil court under “Code of Civil Procedure, 1908 (5 of 1908)” in cases of summoning a witness, producing any document and requisitioning public record. Delimitation Act 2002 has also defined that delimitation commission of India has authority to ask any citizen of India for information that may be useful for delimitation commission. Powers described by clauses (a) to (c) of subsection (2) and subsection (I) can be exercised by any member of this commission. Opinions regarding any matter concerning the commission have been seen to be acceptable if the majority of members agreed to it. Absence of a member can not hamper decisions taken as this Act depicts those decisions can be taken and in case of absence of a member, opinion of that particular member will have no value. Delimitation Act 2002 has also depicted that for criminal proceedings, the delimitation commission has to go to a civil court under sections 346 and 345 of “Code of Criminal Procedure, 1973 (2 of 1974)”. 

Other than Powers and Procedures of Commission, Delimitation Act 2002 also defined constitution of commission, associate members, duties of commission, readjustment of seats, casual vacancies in commission, publication of orders and dates of operation, delimitation of constituencies, repeal and power to maintain orders of delimitation commission.

Conclusion

This assignment has concluded establishment, procedures and responsibilities of Delimitation Commission of India. Background of the Delimitation Commission of India has also been concluded in this assignment. Associate members of this commission have also been mentioned here. A brief description of Delimitation Act 2002 has been concluded in this assignment along with different aspects of this Act. Different Sections and Articles of this act and what these sections and articles have been used for are also concluded in this assignment.