Delimitation and constitutional objective of equitable political representation 

Delimitation is carried out by a Delimitation Commission or a Boundary Commission appointed by the President of India under the provisions of the Delimitation Commission Act. The commission generally consists of three members: a retired judge of the Supreme Court as the chairperson, the Chief Election Commissioner (or a nominated Election Commissioner), and the State Election Commissioner of the concerned state as ex-officio members. 

Thus far, four Delimitation Commissions have been set up:

* In 1952, under the Delimitation Commission Act, 1952.

* In 1963, under the Delimitation Commission Act, 1962.

* In 1973, under the Delimitation Act, 1972.

* In 2002, under the Delimitation Act, 2002.

Three delimitation exercises have been carried out in 1951, 1961 and 1971. The last delimitation exercise was completed in 1976 on the basis of the 1971 census. In 1976, the number of seats allotted to each state on the basis of the 1971 census was frozen for 25 years through the 42nd Constitutional Amendment. 

From census freeze to delimitation suspension 

But the 84th Constitutional Amendment Act, 2001 extended this freeze until the publication of the first census after 2026. While the 1971 census continued to determine the seat allocation, the 1991 census was made the reference point for the division of territorial constituencies.  

Thereafter, the 87th Constitutional Amendment Act of 2003 provided for the readjustment of territorial constituencies based on the census figure of 2001, without affecting the total number of seats allotted to states in the House of the People or Legislative Assemblies. 

Against this broader backdrop, three Bills were introduced in the Lok Sabha on April 16, 2026: 

(i) The Constitution (131st Amendment) Bill, 2026. 

(ii) The Union Territories Laws (Amendment) Bill, 2026. 

(iii) The Delimitation Bill, 2026. 

These Bills sought to expand Lok Sabha seats from 543 to 850 (based on the 2011 census), primarily through amending Article 82 relating to delimitation, and enable one-third reservation for women in Lok Sabha and state assemblies based on this delimitation. 

The Delimitation Bill, 2026 proposed the formation of a Delimitation Commission for redrawing the boundaries of electoral constituencies. However, this attempt to expand the Lok Sabha and reallocate state shares, through the 131st Constitution Amendment Bill, has failed to pass in the Lok Sabha. 

Constitutional and federal questions

This failure raises significant constitutional and federal questions such as: Why does the delimitation process require constitutional amendment under Article 368? What are the political and constitutional challenges involved in expanding the seats of the Lok Sabha and the Legislatures of states and the Union Territories? How would the proposed restructuring shape the federal relationship between the Union and the states?

As mentioned earlier, Article 81 of the Constitution requires that each state shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the state. The provision also specifies the number of seats allotted to states and Union Territories in the Lok Sabha. 

Article 81(3), further defines the freezing year for determining the ‘population’ for the purpose of seat reallocation. Article 82 of the Constitution (“Readjustment after each census”) mandates the “readjustment” in the allocation of seats to every state in the Lok Sabha. 

The composition of State Legislative Assemblies and the readjustment of their constituencies are governed by Article 170. However, owing to the constitutional freeze currently in force, the first census after the year 2026 serves as a reference point for further readjustment. 

Therefore, any delimitation and seat reallocation processes require the amendment of these constitutional provisions through the procedure prescribed under Article 368. 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-thirds members of that House present and voting, and needs to be ratified by at least half of the states.

Issue of representation in states of north and south

One of the principal reasons for freezing delimitation on the basis of a reference year was to ensure that states performing well in demographic indicators were not disadvantaged in the fair allocation of seats in the House of People. 

However, some states, especially from the southern part of India, fear that the removal of the constitutional freeze in the forthcoming delimitation exercise would disadvantage them for ensuring the implementation of family control and population control measures. 

These states are apprehensive that a population-based reallocation of seats may substantially reduce their share of seats in the Lok Sabha, while states with higher population growth, particularly from the northern part, may get disproportionately higher share of seats. 

Notably, the lower population growth rate is widely viewed as the result of successful investment in education, health, and other sectors of social and economic development. Therefore, some of the southern states demand that delimitation should also take into account Gross State Domestic Product (GSDP) and other indicators of economic development rather than relying exclusively on the size of population. 

What could be the way forward 

As mentioned earlier, periodic delimitation and reallocation of seats are often justified on the democratic principle of one person, one vote, one value as they seek to ensure equitable representation for constituencies experiencing substantial population growth. 

Therefore, the prolonged suspension of the delimitation exercise appears to be in tension with the constitutional objective of ensuring equitable representation for federal units. An independent and permanent constitutional body for delimitation may help by strengthening the trust between the Union and federal units. 

Apart from the issues in reallocating seats to states, the government needs to address the administrative costs and financial constraints in operationalising the extensive delimitation scheme. 

At the same time, the exclusion of the judiciary in matters of delimitation may not be fully compatible with an ideal federalism, especially when questions of federalism and political representation are involved. 

Although Article 329(a) bars courts from interfering in matters of delimitation of constituencies and allotment of seats thereto, the Supreme Court in the Kishorchandra Chhanganlal Rathod Case (2024) held that an order by the Delimitation Commission can be reviewed if it is clearly arbitrary and violates constitutional values.

Post read questions

The proposed delimitation exercise has revived the debate between democratic representation and cooperative federalism. Discuss.

Why does the delimitation process require a constitutional amendment before the expiry of the 2026 freeze? Explain with reference to Articles 81, 82 and 170 of the Constitution.

Discuss the concerns of southern states regarding the proposed delimitation exercise. Examine whether the present framework governing delimitation adequately balances demographic realities with regional equity.

Analyse the political, constitutional, and administrative constraints in undertaking a large-scale delimitation exercise in contemporary India.

Examine the role and composition of the Delimitation Commission in India. To what extent should its decisions remain beyond judicial scrutiny?

Dileep P Chandran is an Assistant Professor at the Department of Political Science in P M Government College, Chalakudy, Kerala.)  

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