The Delimitation Act, 2002 (Delimitation Act) — Bare Act, All Sections & Free PDF
परिसीमन अधिनियम, 2002
Overview
Enacted in 2002, the Delimitation Act provides a legal framework for readjusting territorial constituency boundaries based on census data. Its primary purpose is ensuring equal population representation in Parliament and state legislatures. It applies to the entire nation, establishing a Delimitation Commission to redraw boundaries and maintain the vital democratic principle of one vote, one value for every single citizen.
2002 में लागू परिसीमन अधिनियम जनगणना के आधार पर निर्वाचन क्षेत्रों की सीमाओं को पुनः निर्धारित करने का ढांचा देता है। इसका उद्देश्य संसद और राज्य विधानमंडलों में समान जनसंख्या प्रतिनिधित्व सुनिश्चित करना है। यह पूरे राष्ट्र पर लागू होता है, जो एक परिसीमन आयोग बनाकर सीमाएं तय करता है ताकि एक मत, एक मूल्य का मजबूत सिद्धांत कायम रहे।
What is Delimitation Act
The Delimitation Act, 2002 is a crucial Indian parliamentary law enacted to readjust the boundaries of territorial constituencies. It came into effect on June 2, 2002. This Act officially replaced the Delimitation Act, 1972. Its primary objectives include establishing a powerful Delimitation Commission to redraw Lok Sabha and State Assembly constituency boundaries based on the 2001 census.
The fundamental goal is to ensure that each constituency has a roughly equal population, upholding the democratic principle of one vote, one value. It also reserves seats for Scheduled Castes and Scheduled Tribes based on population shifts. Importantly, due to the 84th Constitutional Amendment, the total number of seats remained frozen.
The Act empowers the Commission, headed by a Supreme Court judge, to conduct this massive administrative exercise independently. Its orders cannot be questioned in any court, ensuring a smooth, legally binding delimitation process that balances demographic changes across the entire nation fairly.
Explanation
The Delimitation Act, 2002 provides a comprehensive scope for readjusting electoral constituencies to reflect demographic realities. Its key provisions span ten chapters detailing the constitution, powers, and functions of the Delimitation Commission. A major structural change introduced by this Act was the precise legal mechanism to update constituency boundaries without altering the total number of parliamentary or assembly seats, a constraint imposed by the 84th Constitutional Amendment.
The Commission consists of a serving Supreme Court judge, the Chief Election Commissioner, and State Election Commissioners as associate members. This Act operates indispensably alongside companion laws like the Representation of the People Act, 1950, which directly relies on the delimited constituencies to structure electoral rolls and conduct elections.
In the Indian justice system, this Act plays a unique and protected role. Section 10 of the Act explicitly bars all courts from questioning any delimitation order made by the Commission, establishing its finality. This legal immunity prevents prolonged litigation that could delay elections. However, courts still interpret the broader constitutional mandates of equality. By ensuring population parity across constituencies, the Act maintains the integrity of universal adult franchise, directly enabling fair democratic representation throughout the diverse nation without any administrative delays whatsoever today.
Sections (Showing 1 to 10 of 14)
Section 1 to Section 10 (10 Sections)
Definitions.
In this Act, unless the context otherwise requires,-- (a) "article" means an article of the Constitution; (b) "associate member" means a member nominated under section 5; (c) "Comm...
Constitution of Delimitation Commission.
As soon as may be after the commencement of this Act, the Central Government shall constitute a Commission to be called the Delimitation Commission which shall consist of three mem...
Duties of the Commission.
(1) The readjustment made, on the basis of the census figures as ascertained at the census held in the year 1971 by the Delimitation Commission constituted under section 3 of the D...
Associate members.
(1) The Commission shall associate with itself for the purpose of assisting it in its duties in respect of each State, ten persons five of whom shall be members of the House of the...
Casual vacancies.
If the office of the Chairperson or of a member or of an associate member falls vacant owing to his death or resignation, it shall be filled as soon as may be practicable by the Ce...
Procedure and powers of the Commission.
(1) The Commission shall determine its own procedure and shall, in the performance of its functions, have all the powers of a civil court under the Code of Civil Procedure, 1908 (5...
Readjustment of number of seats.
The Commission shall, having regard to the provisions of articles 81, 170, 330 and 332, and also, in relation to the Union territories, except National Capital Territory of Delhi, ...
Delimitation of constituencies.
(1) The Commission shall, in the manner herein provided, then, distribute the seats in the House of the People allocated to each State and the seats assigned to the Legislative Ass...
Publication of orders and their date of operation.
(1) The Commission shall cause each of its orders made under section 8 or section 9 to be published in the Gazette of India and in the Official Gazettes of the States concerned and...
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