ARTICLE 82

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Article 82 of the Indian Constitution is a crucial provision that governs the process of delimitation of constituencies for the Lok Sabha (House of the People) and the State Legislative Assemblies. As part of the constitutional framework under Part V – The Union, Chapter II – Parliament, and Chapter III – Legislative Powers of the President, Article 82 of Indian Constitution mandates that the Parliament enacts a Delimitation Act after every census. This act redraws parliamentary and assembly constituencies to provide fair representation, equal seats, and democratic values.

What does Article 82 states ?

Readjustment after each census

  • After each census, Parliament may alter the States’ House of the People seats and territorial constituencies. Such readjustment shall not influence House of the People representation until the dissolution of the then-existing House. Any House election may be held based on the geographic constituencies that existed prior to such readjustment, provided that such readjustment shall take effect from the date that the President may, by order, specify. Furthermore, it shall not be necessary to reassess the distribution of House of the People seats to States and the division of each State into territorial constituencies under this article until the pertinent data from the first census held after 2000 is made public.

The Purpose of Delimitation

The primary objective of delimitation, as envisioned in Article 82, is to achieve equitable representation for citizens in the Lok Sabha and State Legislative Assemblies. Over time, demographic shifts, population growth, and migration patterns can lead to significant variations in the size of constituencies. Delimitation redraws electoral seats to balance voter numbers. It upholds “one person, one vote,” giving each individual an equal say in democracy.

Process of Delimitation

StepDescription
Enactment of Delimitation ActParliament passes the Delimitation Act providing guidelines for the process.
Appointment of Delimitation CommissionPresident appoints the Delimitation Commission
Data Collection and AnalysisCommission gathers relevant data, primarily from the latest decennial census
Consultation and Public Input
Public suggestions and objections regarding the proposed changes are invited.
Demarcation of ConstituenciesCommission redraws the boundaries of electoral constituencies based on data analysis and public input.
Notification and PublicationThe revised constituency boundaries are notified and published in the official gazette.
Final ReportThe Commission prepares a final report detailing the new constituencies and their rationale.
President’s ApprovalThe final report is submitted to the President for approval.
ImplementationThe revised constituency boundaries come into effect and are used in subsequent election
Periodic Review
Delimitation is conducted after every decennial census to account for population changes.

Factors considered in Delimitation

  1. Population: The Commission strives to create constituencies with a similar number of voters to ensure equal representation.
  2. Geography: Geographical compactness is considered to make constituencies manageable for effective governance.
  3. Accessibility: The Commission takes into account the ease of accessibility for both voters and representatives to maintain efficient communication.
  4. Community and Regional Interests: The Commission attempts to balance the representation of diverse communities and regional interests, ensuring fair participation in the democratic process.
  5. Special Provisions: Special provisions may be made to accommodate Scheduled Castes and Scheduled Tribes in constituencies to promote their representation.

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