The Delimitation Act, 2002

What the Act governs

The Delimitation Act, 2002 governs the division of States and Union territories with Legislative Assemblies into territorial constituencies for elections to the House of the People and State Legislative Assemblies. It concerns electoral boundaries and seat distribution, not ownership, transfer or classification of land.

The allocation of seats among States and the total number of seats in each State Legislative Assembly remain based on the 1971 census readjustment. Constituency boundaries and the number of seats reserved for Scheduled Castes and Scheduled Tribes are determined using later census figures. The source notes that references to the 2001 census for delimitation must be read as references to the 2011 census following a 2019 amendment.

Delimitation Commission

The Central Government must constitute a three member Delimitation Commission consisting of:

• A serving or former Judge of the Supreme Court, appointed as Chairperson by the Central Government.
• The Chief Election Commissioner, or an Election Commissioner nominated by the Chief Election Commissioner.
• The State Election Commissioner of the State concerned, subject to the arrangements stated for Meghalaya, Mizoram and Nagaland.

Members of Parliament and State Legislative Assemblies assist as associate members. Associate members cannot vote or sign Commission decisions. The Commission may also seek help from census, survey, government and geographical information system experts.

Constituency boundaries and public input

The Delimitation Commission must distribute seats into single member constituencies. Key requirements include:

• Constituencies should, as far as practicable, be geographically compact.
• Physical features, administrative boundaries, communications and public convenience must be considered.
• Every assembly constituency must fall wholly within one parliamentary constituency.
• Reserved constituencies should be located with regard to the relative populations of Scheduled Castes and Scheduled Tribes.
• Proposals and any requested dissenting proposals must be published in the Gazette of India and relevant State Official Gazettes.
• The Commission must consider timely objections and suggestions and hold one or more public sittings in each State.

Who may be affected

Voters, candidates, political representatives and election authorities may be affected when constituency boundaries or reserved seat locations change. Property buyers and owners are not given any land related rights or obligations by the Delimitation Act, 2002, although a property address may fall within a different electoral constituency after delimitation.