INTRODUCTION
Democracy is famously known as a government of the people, by the people, and for the people, but the people are not stagnant beings, they grow in number over time and democracy also evolves with it. Black’s Law Dictionary defines ‘constituency’ as a unit that votes legislators into office.’ In simple language, in a democracy (generally parliamentary) the entire city, province, or state is divided into certain smaller units, also known as seats or constituency, in such a manner that each of the units represents an almost equal amount of population. Over time as the population grows it becomes necessary to fix the constituencies in terms of their number and distribution. This process of redrawing the electoral map is known as delimitation.
BACKGROUND OF DELIMITATION IN INDIA
The Delimitation Commission of India is a statutory body established under the Delimitation Commission Act, tasked with redrawing the boundaries of legislative assembly and Lok Sabha constituencies based on census data. The commission is a high-power body whose orders have the force of law and cannot be called into question before any court. The delimitation commission is composed of several members which include a retired or sitting judge of the Supreme Court (Chairperson), Chief Election Commissioner along with the Election commissioner of the relevant state or union territory (ex-officio member), five members from Lok Sabha and five members of the State Legislative Assembly from each state.
Certain articles of the Constitution govern the legal framework of delimitation in India. Article 81 mandates the allocation of seats in the Lok Sabha (House of the People); Article 82 requires Parliament to enact a Delimitation Act following each census and empowers the Parliament to determine how the allocation of seats is readjusted; Article 170 pertains to the composition of State Legislative Assemblies stipulating that they should have no fewer than 60 and no more than 500 members; finally, Article 330 & 332 provide for the reservation of seats for Scheduled Castes (SC) and Scheduled Tribes (ST).
The first delimitation commission in India was constituted in 1952 under the chairmanship of Justice N. Chandrasekhara Aiyar, a retired Supreme Court judge. This commission was established under the Delimitation Commission Act, of 1952, and its primary purpose was to redraw the boundaries of parliamentary and state assembly constituencies based on the 1951 census data. Following the 1952 commission, delimitation exercises were conducted in 1963, 1973, and 2002, each based on subsequent census data and under new delimitation acts.
POPULATION CONTROL AND ITS EFFECTS ON DELIMITATION
Population control has always been a matter of concern for India. Between 1951 to 1981 India saw a paradigm shift in its population. The population of the nation exploded due to a rapid decline in mortality rates coupled with a high fertility rate. The population growth was so abrupt that the Government of India brought the 42nd Amendment Act of 1976, as a result, the seats of the parliament were frozen until the 2001 census.
The 2002 delimitation in India did not change the number of parliamentary seats primarily due to legislative stipulations and population stabilization efforts. The Delimitation Act of 2002 mandated that the total number of Lok Sabha seats would remain fixed at 543 until 2026, despite the population growth, to ensure political stability and representation without frequent changes in constituency boundaries. This decision was influenced by the need to maintain equitable representation across diverse demographics while preventing political manipulation based on fluctuating population numbers. Hence, for the last fifty years, the seats of Indian legislative bodies remained unchanged.
DEMOGRAPHIC CHALLENGES OF 2026 DELIMITATION
After a timespan of half a century, India is quite successful in controlling its abrupt population growth, but the achievement varies from state to state. Replacement level fertility (RLF) refers to the level of fertility at which a population exactly replaces itself from one generation to the next, without migration. It is considered approximately 2.1 children per woman. While some regions were able to achieve RLF, certain states failed to do so.
As of 2019-21, almost every state and union territory except the north-eastern states of Meghalaya (2.9%) and Manipur (2.2%), and the northern states of Jharkhand (2.3%), Bihar (3%) and Uttar Pradesh (2.4%) achieved the replacement level of fertility. Meghalaya and Manipur, with their small populations, barely pose any threat to the national politics, but the states of Uttar Pradesh and Bihar, along with their huge populations, are a matter of concern. In a hypothetical scenario, if the number of Lok Sabha seats remains unchanged and the seats are redistributed according to current population states like Tamil Nadu (-8 seats), Andhra Pradesh & Telangana (-8 seats), Kerala (-8 seats), and West Bengal (-4 seats) would lose significant seats. On the other hand, Uttar Pradesh (+11 seats), and Bihar (+10 seats) would gain more seats in the Lok Sabha. In another parallel situation, when the number of Lok Sabha seats is increased to 848, then states like Tamil Nadu (+10 seats), Andhra Pradesh & Telangana (+12 seats), and West Bengal (+18 seats) would undoubtedly gain certain seats but are nothing as compared to Bihar (+39 seats) and Uttar Pradesh (+63 seats). Moreover, in the second scenario, there is going to be a special group of provinces, including Kerala, Sikkim, Goa, and Manipur, along with almost every union territory, whose seat number would remain unchanged.
A basic analysis of the given facts reveals that in either case, the political power would shift towards the states of Uttar Pradesh and Bihar, while the states that successfully controlled their population would be punished. Furthermore, those provinces that fail to gain any new seats would remain unsheared in the Lok Sabha.
EXPERT RECOMMENDATIONS AND INTERNATIONAL COMPARISONS
Experts have raised concerns about the potential impact of the 2026 delimitation on the political landscape, warning that states with higher population growth may gain disproportionate power in the Lok Sabha, creating imbalances in national governance. Scholars such as Pratap Bhanu Mehta argue that this could deepen regional inequalities and cause political tensions between states that have successfully implemented population control measures and those that have not. Additionally, reports by the Law Commission of India have highlighted the need for balancing demographic changes with equitable representation.
Similar difficulties have arisen in redrawing election boundaries in the US and Canada, both of which have used independent commissioners to guarantee process fairness. To account for population shifts and changes, the Constitution of Canada mandates that federal electoral districts be reevaluated following every decennial (10-year) census. Election district borders may be altered and new districts may be established as a consequence of the study. The United States, on the other hand, relies on its Census Bureau to redistribute seats based on population shifts every decade, aided by Geographic Information Systems (GIS) technology to minimize gerrymandering. India can draw valuable lessons from these international approaches as it navigates its delimitation process.
CONCLUSION
In conclusion, India’s delimitation procedure is an essential tool for guaranteeing equitable political representation in a country whose demographics are changing quickly. Although a strong foundation has been established by the legal system and past attempts to control constituency borders, the upcoming delimitation in 2026 poses several difficulties, particularly concerning population differences across states. As shown, states that have successfully managed their populations, like Tamil Nadu and Kerala, may see a decline in their political clout, while states like Uttar Pradesh and Bihar may see an increase in representation despite their inability to attain replacement-level fertility. This possible imbalance might penalise nations with effective population control measures while rewarding those with rapid population increase, which raises questions about equitable representation and governance.
Moving forward, the delimitation process must include policies that promote prudent population management in all states in addition to reflecting demographic reality. Maintaining the integrity and operation of Indian democracy will depend on making sure that the electoral map continues to fairly represent the people. The true test of any election system is its ability to ensure a free and fair electoral process. If we want democracy to be translated into reality on the ground, the election system must be impartial and transparent. To create a system that is fair, inclusive, and representative of the country’s unique demographic makeup, population statistics and political representation must be balanced.
Authors Name: Sumedha Chatterjee & Debangshu Shil (Department of Law, University of Calcutta & Department of Law, University of Calcutta)
