2026 delimitation | SabrangIndia News Related to Human Rights Mon, 17 Mar 2025 07:30:04 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png 2026 delimitation | SabrangIndia 32 32 India at the Crossroads: The delimitation exercise and its implications for democracy https://sabrangindia.in/india-at-the-crossroads-the-delimitation-exercise-and-its-implications-for-democracy/ Mon, 17 Mar 2025 07:30:04 +0000 https://sabrangindia.in/?p=40577 With no census having been conducted since 2021 for no explicable reason, the follow-up constitutionally mandated exercise of delimitation will be without foundation; besides, since with each delimitation exercise, the balance of power shifts, a rigid population-based approach, without reforms in fiscal and political decentralisation, risks further centralising authority in the Union government—potentially undermining the very spirit of federalism.

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India’s federalism is not a clear-cut, black or white system, where states are powerful and wilful parts of a union. It is a unitary structure with the centre holding greater power. Despite this unitary structure, the federal spirit forms a part of the basic structure of the Constitution—making it immune to amendments. While latest judgements by the Supreme Court in the case of Article 370 do undermine this conception, the larger jurisprudence, political thought and mass perception—all support a federal polity with unitary characteristics. This otherwise robust system is facing one of the most intense stress points in the history of independent India where a constitutional process—Delimitation— risks in its current manifestation, the deepening of existing divisions based on region—north and south. With Chief Minister of Tamil Nadu MK Stalin leading the charge and Chief Ministers of other southern states joining in, the voice expressing concerns over the implications of delimitation has only grown stronger.

This article discusses how delimitation has become important to maintain political equity in the nation, why it is being opposed by some states now, and what can be done to overcome this deadlock.

Delimitation: why and how?

The very foundation of a robust democracy rests on the principle of fair and equitable representation. In India, this principle is periodically reinforced through a process known as delimitation – the act of fixing the limits or boundaries of territorial constituencies for legislative bodies. This crucial exercise ensures that the voice of every citizen carries roughly the same weight in the electoral process. As the nation approaches 2026, the prospect of a new delimitation exercise, mandated by the Constitution (Eighty-Fourth Amendment) Act of 2002, has ignited discussions and debates across the political spectrum. Concerns have been particularly vocal from the southern states, highlighting the significant political ramifications this redrawing of electoral maps –merely or solely on the basis of population parameters–could entail. Punjab too has voiced its concerns over delimitation and the potential loss of its political power.

The genesis of delimitation in India lies in the fundamental need to uphold democratic ideals. The architects of the Indian Constitution envisioned this process to guarantee equal representation for all citizens. This means ensuring that the number of constituents represented by each Member of Parliament (MP) or Member of the Legislative Assembly (MLA) remains largely consistent across the country, in proportion to the population of the state. That means, the larger the state in terms of its population, the higher the number of people it can send to Lok Sabha. Over time, populations grow and migrate, leading to uneven demographic shifts across regions. Without periodic adjustments to constituency boundaries, some areas would become significantly overrepresented or underrepresented, thereby undermining the principle of “one person, one vote, and one value”. To address these dynamic demographic realities, Articles 82 and 170 of the Constitution explicitly require the revision of parliamentary and state assembly seats following each census.

What does the Constitution say?

Article 82 mandates that, after each census, the allocation of seats in the House of the People (Lok Sabha) to the states and the division of each state into territorial constituencies shall be readjusted by an authority determined by Parliament through law. This readjustment does not affect the current Lok Sabha until it is dissolved. The changes take effect from a date specified by the President, and until then, elections can be held based on the existing constituencies. Until the census after 2026, the allocation based on the 1971 census and the constituencies based on the 2001 census remain unchanged.

Article 81 of the Constitution talks about the composition of House of People (Lok Sabha). Article 81(2) states that, the seats allotted to each state shall be commensurate to the ratio between the number of seats and population of the state and will be the same for all states, as far as practicable. To understand this, with a simplified example: if State A has 50 million people and gets 50 seats, then State B with 30 million should get 30 seats to maintain the same ratio. This has however been changed with the freeze on delimitation under Article 82.

Article 170 outlines the composition of the Legislative Assemblies of states. Each Legislative Assembly must have between 60 and 500 members, chosen by direct election from territorial constituencies. The constituencies are divided in such a way that the ratio between the population of each constituency and the number of seats allotted to it is, as far as practicable, the same throughout the state. After each census, the total number of seats and the division into constituencies are readjusted by an authority and in a manner determined by Parliament through law. This readjustment does not affect the existing Assembly until its dissolution.

India has witnessed four delimitation exercises since its independence. The first was conducted in 1952 based on the 1951 census, followed by exercises in 1963 (based on the 1961 census), 1973 (based on the 1971 census), and most recently in 2002 (based on the 2001 census). These commissions were tasked with redrawing constituency boundaries to ensure a more equitable distribution of population across electoral units. Notably, the delimitation exercise of 2002, while adjusting constituency boundaries, maintained the total number of Lok Sabha seats at 543, a figure that has remained constant since the 1973 delimitation. The table below illustrates the history of delimitation commissions in India:

No. Year Based on Census Lok Sabha Seats Assembly Seats
1 1952 1951 494 3102
2 1963 1961 522 3563
3 1973 1971 543 3997
4 2002 2001 543 4123

 

What lies at the core of the issue now?

The journey towards the upcoming delimitation in 2026 has been marked by significant political decisions, particularly the freezing of the process for several decades. In 1976, during the Emergency, the government enacted the 42nd Amendment Act, which froze the delimitation of Lok Sabha and state assembly constituencies until after the first census following the year 2000. A primary motivation behind this freeze was to encourage states to actively pursue population control measures without fearing a reduction in their political representation in the Lok Sabha. The logic was that states making progress in family planning should not be penalised by losing parliamentary seats to states with higher population growth rates. Subsequently, the 84th Constitutional Amendment Act of 2002 extended this freeze until the first census taken after 2026. This extension reflected the continued concerns about disparities in population growth across different regions of the country. Southern states, having achieved greater success in implementing population control measures, were particularly apprehensive about a delimitation exercise based on more recent census data, fearing a potential decrease in their representation compared to states with higher population growth.

Implications of delimitation on the Indian Polity: lessons from past projections

The impending delimitation exercise after 2026 carries profound implications for India’s democratic polity, potentially reshaping the political landscape of the nation. One of the most significant anticipated impacts is the shift in the allocation of Lok Sabha seats among states. Given the demographic trends, with northern states generally experiencing higher population growth compared to their southern counterparts, projections indicate a potential increase in the number of parliamentary seats for states like Uttar Pradesh, Bihar, Madhya Pradesh, and Rajasthan, while southern states such as Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, and Telangana might witness marginal gains or even a decrease in their representation. This demographic redistribution could lead to a significant shift in political power within the Lok Sabha, granting more influence to the more populous northern states. Adding to this possibility is the speculation about an overall increase in the total number of Lok Sabha seats, potentially linked to the enhanced capacity of the new parliament building. While an increase in the total number of seats might cushion the impact on southern states, the relative balance of power is still likely to tilt towards the north.

Beyond the allocation of general seats, the delimitation exercise will also impact the reservation of seats for Scheduled Castes (SC) and Scheduled Tribes (ST). The number of constituencies reserved for these communities is determined based on their proportion of the total population in each state. Consequently, the delimitation process will likely lead to adjustments in the geographical distribution of these reserved seats to align with the latest census data on the SC and ST populations.

Southern States and opposition to delimitation: key concerns and arguments

These anticipated shifts have understandably generated concerns among certain states, particularly in South India. The apprehension stems from the possibility of reduced parliamentary representation, which could impact their ability to effectively voice regional concerns and influence national policymaking. A key argument put forth by these states is that they have successfully implemented population control measures and have also made significant contributions to the national economy. They argue against a scenario where their progress in these areas could lead to a diminishment of their political clout, potentially disrupting the federal balance.

There is also a concern regarding the potential impact of delimitation on the representation of Muslim communities in certain constituencies. The redrawing of boundaries or the designation of constituencies as reserved could inadvertently affect the existing representation patterns of religious minorities in specific regions. In the recently concluded delimitation process of Assam—a state with 35% of Muslim population— the number of assembly constituencies in Muslim-majority districts has decreased while those in areas inhabited by communities considered indigenous to Assam has increased. The state also saw its hard-line Hindutva Chief Minister Himanta Biswa Sarma of the BJP call for a delimitation “that should be done in such a manner that the rights of indigenous people are protected.” If Assam’s recent delimitation—where Muslim-majority constituencies shrank while those in indigenous-dominated areas expanded—serves as a precedent for the rest of India, the process raises serious concerns. When paired with the ruling establishment’s open hostility toward minorities, exemplified by hate speeches from leaders including the Prime Minister during the 2024 General Elections, it becomes difficult to trust the government’s intentions or the impartiality of the institutions overseeing delimitation, especially vis-à-vis representation of minorities.

Furthermore, the upcoming delimitation is intrinsically linked to the implementation of the Women’s Reservation Act, which mandates 33% reservation for women in the Lok Sabha. This landmark legislation is expected to be implemented after the delimitation process is completed in 2026, as the finalisation of constituency boundaries is a prerequisite for reserving seats for women.

The WHYs on both sides

Those who call for delimitation wants it for simple purpose that it was the original design to preserve and further democratic functioning and legitimacy of the state. Delimitation would allow more people to be represented by their own representative as the population grows in each constituency.

For example, under 2011 census—Uttar Pradesh has 80 Members of Parliament (Lok Sabha) for 19.98 Crore people. Means, a Lok Sabha MP for almost 25 lakh people. Similarly, the combined Andhra Pradesh state had 42 Lok Sabha MPs for 8.46 Crore people, one Lok Sabha MP per 20 Lakh people. Similarly for Kerala, there is one Lok Sabha MP per 16 lakh people, according to the 2011 Census. This means that the political will of 16 lakh people in Kerala is equal to 25 lakh people in Uttar Pradesh despite the latter being significantly higher. Delimitation, if carried out, would ensure that those extra 10 lakh people are also represented better.

However, the postponement of delimitation was agreed to by all the parties since then and last time it was done so, was in 2001 via the 84th Constitutional Amendment Act. Therefore, the question of its democratic legitimacy does not arise. A major concern surrounding delimitation is its potential to reshape political influence at the national level. Southern states, where population growth has slowed, fear that losing Lok Sabha seats would weaken their voice in Parliament.

In a country with strong fiscal centralisation—where the Union government controls revenue collection and redistribution—political power at the Centre translates directly into financial security. This concern is reflected in the recent budgetary allocations to Bihar and Andhra Pradesh, where the NDA’s survival in the Lok Sabha rests on the mercy of regional allies TDP and JDU—an arrangement that has conveniently translated into generous financial support from the Centre.

Therefore, fewer seats could mean less leverage in securing resources, leaving these states at a disadvantage. The possibility of political manipulation through the strategic redrawing of constituency boundaries, also known as gerrymandering, is another concern highlighted by experts.

This issue is compounded by the original intent behind the freeze on delimitation. It was designed to prevent states that successfully implemented family planning measures from being penalized with reduced representation. While the extended freeze has been widely accepted, the core principle remains sensitive—why should states that stabilised their populations now be at risk of losing political power? To them, this feels less like a neutral realignment and more like a penalty for progress.

What are the proposed solutions?

Various alternative solutions have been proposed to mitigate the potential negative consequences of a purely population-based delimitation. These include suggestions to increase the total number of Lok Sabha seats to accommodate the growing population without reducing representation for any state, reforming the Rajya Sabha to provide greater weightage to states and ensure a more balanced federal representation, decentralising more powers to the states to reduce their dependence on parliamentary representation, and even considering a permanent freeze on interstate redistribution of seats. In the midst of these debates, the ruling establishment has offered assurances that no southern state will experience a loss of seats in the upcoming delimitation exercise.

In particular, the increase of seats overall has been widely suggested since that would not decrease the existing seats for southern states and for states with higher populations, higher seats would secure equitable representation. Even in this case too, a study has revealed that there would be a stark divide between Northern and Southern states. In this paradigm, the five southern states would have 164 seats i.e., 35 more than their current total seats. In the same projection, only Uttar Pradesh would have 143 seats.

Is there a structural issue?

Beyond numbers, delimitation also shapes India’s federal structure. Lok Sabha seats are allocated by population to uphold political equality, but the Constitution does not guarantee fixed representation for states. With each delimitation exercise, the balance of power shifts. A rigid population-based approach, without reforms in fiscal and political decentralisation, risks further centralising authority in the Union government—potentially undermining the very spirit of federalism.

This problem is essentially a contest between the rights of states as federal units and rights of individuals as equal citizens in the political process. One cannot come at the cost of another. However, there is no balancing provision, as of now, which can uphold the rights of states as federal units, where their voices could be given political heft irrespective of their population. This lack of political weight for states solely based on their existence, rather than population, reflects a spill over of the Constitution’s unitary tendencies. If the issue of delimitation is to be solved, once and for all, there needs to be a structural solution which deems states as entities with considerable political power, unlike the current state of things where the Centre can constitutionally redraw state boundaries at will, with or without consultation with the state legislatures. Without addressing such structural problems for states in fiscal, administrative and political arenas, even if delimitation issue is somehow solved, many more stress points will present themselves in the near future from these arenas.

What could be done to solve the structural issue?

If political power in Lok Sabha is what states fear of losing because their interests will not be protected, then more avenues will have to be created to ensure that states secure political power. Lok Sabha cannot be the sole place where states feel secure with their power.

To enhance regional representation, the Rajya Sabha should have greater legislative authority, including higher oversight on national resource allocation. Membership per state should reflect human development, and linguistic diversity, not just population. Rajya Sabha should truly become a house of the states where their concerns are given the utmost importance.

Decentralisation must go beyond constitutional provisions by mandating states to transfer at least 50% of centrally sponsored funds to local governments with decision-making autonomy. A National Local Governance Commission—having effective representation from states, should oversee resource distribution and capacity building, ensuring inclusive and effective governance.

Conclusion

As the nation approaches 2026, the redrawing of electoral boundaries is not merely a technical adjustment but a transformative moment that could recalibrate political power, reshape fiscal priorities, and redefine the social contract between the Union and states. The debate transcends partisan politics, exposing deeper fissures in India’s federal architecture and challenging the delicate balance between individual rights and collective regional aspirations.

At this juncture, the delimitation exercise presents not just a challenge but an opportunity—to reimagine federalism as a dynamic, equitable partnership rather than a hierarchical contract. The path forward requires dialogue that transcends regionalism or majoritarianism, grounded in constitutional morality and a shared vision of inclusive nationhood. Only by harmonizing the democratic principle of equal vote-weight with the federal promise of diverse voices can India ensure that its electoral map reflects both its people and their pluralistic aspirations. In this balance lies the future of the world’s largest democracy.

(The author is a legal researcher with the organisation)

Related:

What the 2026 delimitation process has in store for Indian Muslims

Election Commission of India receives 467 suggestions and objections over the proposed delimitation exercise in Assam

Protests erupt over ECI’s new delimitation draft in Assam which is embroiled in controversy

Assam: Delimitation of Assembly, Parliamentary Seats, Merging of Districts Raise Apprehensions

 

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What the 2026 delimitation process has in store for Indian Muslims https://sabrangindia.in/what-the-2026-delimitation-process-has-in-store-for-indian-muslims/ Wed, 16 Aug 2023 06:25:25 +0000 https://sabrangindia.in/?p=29173 The Delimitation process in Assam raises concerns about Muslims' rights as all-India delimitation looms in 2026

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As the Election Commission of India (ECI) released the final order for the delimitation exercise carried in Assam, the final order has raised widespread concerns among opposition parties. While the BJP has hailed the changes, several organisations and parties have protested over it. Critics have also raised concerns about what the proposed delimitation would do for Muslims.

Muslims have been noted by journalists, academics, and activists to have faced the brunt end of the delimitation process in India. As noted by the Sachar committee report in 30th November, 2006, it has been utilised to prevent Muslims from exercising their fundamental right. Thus now with the final order from Assam, critics have argued that these as areas which are known to have a concentration of Muslims are now finalised to be split or to be declared deliberately as reserved constituencies.

Regarding this contentious issue, the Sachar committee had undertaken a thorough analysis of the data pertaining to reserved constituencies for Scheduled Caste (SC candidates) in Uttar Pradesh, Bihar, and West Bengal has been undertaken by the Committee and these states boast a notable share of India’s Muslim population. The findings of this analysis by the Sachar committee report reveal that the constituencies designated as reserved for SCs by the Delimitation Commission in these states are predominantly those where Muslims constitute a significant portion, often exceeding 50% of the population and often, at times, even surpassing the SC representation. Conversely, a sizeable number of constituencies within these states, with substantial SC percentages, have been left ‘un-reserved’. This data raised concerns that the Delimitation Commission might have deliberately allocated reserved seats to regions with a notable Muslim presence, potentially with the intention of diminishing the political impact of the Muslim community. This phenomenon has sparked discussions around potential discrimination, as it curtails opportunities for Muslim representation in democratic institutions.

The Sachar Committee therefore advocated for the rectification of these concerns in the delimitation processes to be carried out. In fact, the issue of delimitation and its potential to hamper the fundamental rights of Muslims is mentioned by Justice Sachar himself in the foreword for the report itself where the Justice calls for a more judicious and just process of delimitation that refrains from reserving constituencies based on high minority population shares for SCs is recommended. This decision, if implemented, is something that is touted to amplify the avenues for minority political participation, as they are severely underrepresented in Indian politics where only about 4 percent of parliamentarians are been Muslims, both in the Indian Parliament and State Assemblies, without the risk of hampering SC community votes.

The Sachar Committee Report (SCR notes) that there is a recognised need for further strategies to enhance political engagement within the minority community. As the nation navigates the complex landscape of electoral representation, the focus should remain on establishing an equitable, inclusive, and representative political structure that upholds the democratic principles India holds dear. The right to fair and equal representation is a key marker to equal citizenships rights that must flow to all Indians under the Constitution.

In the context of the delimitation of constituencies in Assam under a BJP regime, concerns have emerged about potential impacts on the rights and representation of Muslims. The exercise of delimitation, as carried out by the Election Commission of India after each census, plays a crucial role in shaping the political landscape. However, the Muslim community in India, particularly in Assam, has experienced various challenges within social, cultural, and public spaces. These challenges have led to a sense of unease and discomfort among Indian Muslims, which could potentially be exacerbated by the delimitation process. Indian Muslims often bear a dual burden of being labelled by right wing politics as “anti-national” and recipients of disproportionate government benefits from “politics of appeasement” simultaneously and this dual perception creates an environment where Muslims are compelled to constantly prove their loyalty and disassociation from any terrorist activities. Paradoxically, the alleged “appeasement” has failed to yield the desired level of socio-economic development for the community if we were to even give the slightest credence to such comments. This continuous scrutiny, suspicion, and lack of recognition therefore has had a detrimental impact on the mental well-being of Muslims.

Similarly markers such as the burqa, purdah, beard, and topi, while contributing to the distinct identity of Indian Muslims, have also subjected them to ridicule and suspicion. The public realm has witnessed instances where Muslim men wearing a beard and topi are subjected to unwarranted interrogations and even violence such as mob lynching and religious profiling in places like parks, railway stations, and markets. Muslim women, particularly those wearing hijab or burqa, face discriminatory treatment in various public settings including markets, hospitals, schools, and public transportation.

Social identity-related challenges extend to housing and education as well where Muslims encounter difficulties when attempting to buy or rent properties, especially in non-Muslim localities. Some housing societies actively discourage Muslims from settling in these areas, reflecting a pattern of exclusion. Similarly, Muslim parents face discrimination when seeking admission for their children in mainstream educational institutions. This discrimination negatively affects the educational prospects of Muslim students, compelling some to resort to denominational schools that provide a sense of belonging but might not always offer the highest quality of education.

According to the SCR, the focus on specific cases of Muslim women’s rights in politics by right wing politicians, such as marriage, divorce, and maintenance, has overshadowed basic citizenship rights such as equal and non-discriminatory rights to fair living, employment, education, access to justice security or even political representation. This selective narrative perpetuated by large sections of a politically compliant media has, since 2014, especially contributed to portraying the Muslim religion as the sole source of gender injustice within the community, potentially overlooking structural inequalities that may exist.

Security-related concerns further exacerbate the sense of vulnerability within the Muslim community as feelings of insecurity vary across states, often triggered by communal tensions or untoward incidents. The present government’s response to communal violence and its perceived indifference has added to the distress of Muslims. The “involvement” of Muslims in acts in violation of the law (common among any and all citizens) is selectively used to profile Muslims and often render them criminals by default by sections of law enforcement and media. As an extension of this one-sided rhetoric, reparation or compensation to survivors of violence is also then portrayed as “unfair”, when in fact access to restitution is onerous and tardy.

Against this backdrop of abject Muslim marginalisation and furthering of hate against the community, concerns are raised about the impact of delimitation in Assam, particularly under a BJP regime. The fear is that the delimitation process, if not handled transparently, could potentially exacerbate the marginalisation and underrepresentation of Muslims in political spheres. It’s crucial that the delimitation exercise is carried out keeping the constitutional mandate of equality and justice as the markers.

Explaining De-limitation 

The Delimitation Commission, established by the Government of India through the through the provision of Delimitation Commission Act, is responsible for determining the boundaries of state assembly and parliamentary constituencies in India. Originally, the constitution aimed for a fresh round of delimitation after each ten-year census to maintain roughly equal population sizes in constituencies. Delimitation Commissions were formed in 1952, 1963, and 1972 to draw new boundaries. However, boundaries were “frozen” from the 1970s until 2001 to avoid promoting areas with higher birth rates due to concerns about family planning programs. Consequently, most Indian constituencies, including those reserved for SCs, remained unchanged from 1974 to 2007.

The most recent delimitation order in Assam follows a draft proposal released in June of this year, which recommended redrawing many constituency boundaries while keeping the total number (14 at the parliamentary level and 126 at the assembly level) unchanged.

Around 30 assembly constituencies will be redefined, and 26 new ones will be created in Assam. According to Sentinel Assam, Assam’s Chief Minister and BJP leader Himanta Biswa Sarma stated that if the ECI’s draft proposal is approved, the “people of Assam” will have a greater say in their constituencies. The All India United Democratic Front (AIUDF) party, expressed concern that the delimitation exercise will reduce the number of Muslim-majority assembly constituencies in the state from 29 to 22.

The draft proposal continues to face criticism due to the deliberate removal of specific assembly seats with Muslim-majority populations. These constituencies are presently represented by opposition party legislators from the Bengali-origin Muslim community, often labelled as “illegal” migrants.

As per the draft, these seats will either be amalgamated or merged into newly-created constituencies, many of which have significant Hindu populations.

Previously, the Barak Valley, comprising the districts of Cachar, Karimganj, and Hailakandi, had 15 assembly constituencies in the 2021 elections. However, the new order seeks to reduce this number to 13, citing demographic changes as a reason. Additionally, several constituency names are also set to be modified under the proposed plan.

Furthermore, the order too reserves three assembly constituencies, where Muslims have a significant presence, for candidates belonging to Scheduled Castes and Tribes. This effectively bars minority leaders from contesting in elections for those seats where SC status is not accorded to minority religious populations like Muslims and Christians. Assam’s Muslim population was recorded as 34% in the last Census of India from 2011. Approximately 3/4th of Assam’s Muslims are Bengali Muslims, frequently facing accusations of being ‘Bangladeshi immigrants.’ This procedure appears to be biased rather than being based on demographics nor does it appear to be designed for expediency in the electoral system.

 

Related: 

Assam: Delimitation of Assembly, Parliamentary Seats, Merging of Districts Raise Apprehensions

ECI’s final de-limitation order seals fears of Muslim marginalisation in Assam

Election Commission of India receives 467 suggestions and objections over the proposed delimitation exercise in Assam

Protests erupt over ECI’s new delimitation draft in Assam which is embroiled in controversy

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