Before women’s quota, first Census, then delimitation

Article 82 of the Constitution provides for the readjustment of the constituencies (number and boundaries) of Lok Sabha and State Assemblies after every Census.

The 42nd Amendment froze this delimitation exercise until the first Census after 2000 is published. In 2001, this was further extended for 25 years. So now, delimitation would happen on the results of the first Census after 2026.

In normal course, this would have meant that delimitation would happen only after the 2031 Census results are published. But since the Census which was due in 2021 – the exercise is held every 10 years – has been delayed, ostensibly because of the Covid pandemic, this timeline could be altered.

The earliest that the Census exercise can now happen is 2025 – houselisting in 2024 followed by the actual Census and the publication would take one to two years. If the results of the ‘2021 Census’ are published after 2026, this could become the basis of delimitation of constituencies.

The Census will be followed by the delimitation exercise which requires more amendments to the Constitution. Articles 82 and 170 (3) that deal with composition of the Legislative Assemblies would have to be amended, said S K Mendiratta, former legal advisor, Election Commission of India.

As of now, the reallocation of seats in Lok Sabha and readjustment of seats in State Assemblies are to be done when “relevant figures for the first Census taken after the year (2026) have been published”. Mendiratta said this timeline (2026) would have to be changed to give effect to women’s reservation.

The delimitation exercise will require a consensus among states. Article 368(2) of the Constitution requires that any change to the representation of States in Parliament will have to be cleared by a special majority of not less than two-third members of that House present and voting, and needs to be ratified by at least half of the states.