It has also been decided, however, to simultaneously undertake readjustment and rationalization
of electoral constituencies, including those reserved for the Scheduled Castes and the Scheduled
Tribes, based on the population census for the year 1991, without affecting the number of seats
allocated to states in the legislative bodies so as to correct the imbalance caused due to uneven
growth of population/electorate in different constituencies. The Constitution (Eighty-fourth
Amendment) Act, 2001 enacted in 2002 has effected the aforesaid policy decisions of the
Government. Pursuant to the enactment of the Constitution (Eighty-fourth Amendment) Act,
2001 which provided for readjustment of electoral constituencies, including those reserved for
the Scheduled Castes and the Scheduled tribes. The Delimitation Act, 2002 was enacted. The
Delimitation Commission had accordingly been constituted in 2002 under the provisions of the
Delimitation Act, 2002 with Shri Justice Kuldip Singh, a retired judge of the Supreme Court as
its Chairperson and Shri B.B. Tandon, Election Commissioner in the Election Commission of
India and the State Election Commissioner as its members. The main task of the Commission
was to readjust the division of territorial constituencies of the seats in the House of the People
allocated to each state and the readjustment of the division of territorial constituencies of the total
number of seats in the Legislative assembly of each state. Subsequent to that the Constitution
(Eighty-seventh Amendment) Act, 2003 was enacted and by that Act the basis of the delimitation
of territorial constituencies was changed based on the 2001 census in place of 1991.
Although the rules for delimitation vary across countries, tasks involved in drawing
boundaries are generally similar. In India, the drawing of boundaries, generally, entails: (a)
allocating seats to the states and districts within a state; creating a database composed of maps,
population figures and the details showing geographic/natural/administrative conditions of the
area concerned; associating the statutory representatives from the Lok Sabha and State
Assemblies; (d) distributing the states and districts into geographic units called the
constituencies; (e) having an extensive exercise for public input into delimitation process; (f)
summarizing and evaluating the constituencies; and g) passing and publishing the final order.
The procedure for delimiting the constituencies in India stands clearly spelt out in The
Delimitation Act, 2002. This legal framework provides for an independent and impartial
Delimitation Commission. The final orders of the Commission are not subject to any
modification or veto by the Government.
The Delimitation Commission functioned in a transparent manner. The methodology and
guidelines were clearly established and published in advance. While framing the constituencies,
the Commission—as far as practicable—kept in view the interest of communities such as those
sharing a common tribe, race or ethnic background and also those defined geographically or by
physical features like mountains, forests, rivers, etc. The Commission drew the boundaries of the
constituencies reserved for scheduled castes and scheduled tribes strictly in accordance with the
constitutional and statutory provisions. After getting finality of the delimitation exercise, in
pursuance of the second proviso to Article 82 and second proviso to clause (3) of Article 170 of
the Constitution, a Presidential Order dated February 19, 2008 was issued making new
delimitation effective throughout the country. However, Section 10(B) of the Delimitation Act,
2002 deferred the legal effect of the 2007 delimitation order in relation to the state of Jharkhand.
With the issuance of the Presidential Order specifying the date on which the delimitation
orders notified by the Delimitation Commission shall take effect, it was necessary to amend the
relevant provisions and the First and Second Schedules of the Representation of the People Act,
1950 to reflect the changes made by the delimitation orders notified by the Delimitation