DELIMITATION ACT, 2002‌

Articles 82 and 170 of the Constitution of India provide for readjustment and the division of each State into territorial constituencies (Parliamentary constituencies and Assembly constituencies) on the basis of the 2001 census by such authority and in such manner as Parliament may, by law, determine.

Further, Articles 330 and 332 of the Constitution of India provide for re-fixing the number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the House of the People and Legislative Assemblies of the States on the basis of the 2001 census.

The present delimitation of Parliamentary and Assembly constituencies is based on the 1971 census. The uneven growth of population in different constituencies in different parts of the country as well as within the same State as also continuous migration of people / electorate from one place to other especially from rural areas to urban areas have resulted in strikingly differing sizes of electoral constituencies even within the same State.

Therefore, the Delimitation Act, 20021 , was enacted to set up a Delimitation Commission for the purpose of effecting delimitation on the basis of the 2001 census so as to correct the aforesaid distortion in the sizes of electoral constituencies. The proposed Delimitation Commission would also re-fix the number of seats for the Scheduled Castes and the Scheduled Tribes on the basis of the 2001 census, without affecting total number of seats based on the 1971 census.

The Act sought to lay down certain guidelines as to the manner in which such delimitation would be undertaken. In the Act, the new Delimitation Commission was given the task of carrying out delimitation of Parliamentary and Assembly constituencies. It had been specifically provided that the Delimitation Commission shall endeavour to complete the work within a period not later than July 31, 2008.2

The proposed delimitation would apply to every general election to the House of the People or to a State Legislative Assembly held after the final orders of the Commission are

published and to every bye-election arising from such general election3 .