Can India resolve the delimitation deadlock through a constitutionally grounded approach? Explore how voter-based delimitation could address malapportionment while honoring constitutional principles like fraternity, equality, and representation.

Introduction: Understanding the Delimitation Dilemma

India's delimitation debate is at a crossroads. The freeze on constituency realignment since the 1971 Census has resulted in malapportionment—an imbalance where states with slower population growth (primarily in southern India) are overrepresented, while more populous states (mostly northern) are underrepresented in the Lok Sabha. With the constitutional freeze set to lift after the next census, the question looms large: Should India continue using population as the sole basis for delimitation?

Recent discussions suggest using the number of electors (eligible voters) as a basis. While this may seem politically expedient, any reform must align with constitutional values, particularly the principles of democracy, fraternity, and equal representation.

Why the Current Delimitation Method Is Problematic

The Constitution originally intended that the Lok Sabha's strength and seat allocation per state be revised after every census. However, the 42nd (1976) and 84th (2001) Amendments froze this process to incentivize population control. Consequently, constituencies in north India now contain significantly more voters than those in the south, eroding the principle of "one person, one vote, one value."

South India’s Concerns: Fear of Losing Political Voice

Leaders from southern states argue that they will lose political power if the next delimitation is based purely on population figures from the next census. Although reassurances have been made by the Union Home Minister that Tamil Nadu won’t lose representation (Ahuja 2025), the prospect of increasing the total number of seats while maintaining southern states' seat count could dilute their influence.

This perceived domination by Hindi heartland politics has sparked calls for a fairer system that honors their commitment to responsible population planning.

A Voter-Based Delimitation: The Alternative Proposal

Legal scholars and policy experts (Panda and Sharma 2024; Durai and Srinivasan 2024) have proposed delimiting constituencies based on the number of electors instead of population. This approach:

Reduces malapportionment

Rewards states that implemented effective public health and education policies

Prevents penalizing states for lower population growth

Malapportionment, as defined by Durai and Srinivasan, is the difference between a state’s share of India’s population and its representation in the Lok Sabha. Addressing this via voter-based delimitation may lead to a more equitable system.

But Is It Constitutional?

While pragmatic, a voter-based model must stand on firm constitutional ground. Article 81 of the Indian Constitution currently mandates seat allocation based on population. The idea of "population control" as a justification lacks constitutional legitimacy and is rooted in coercive and sometimes unconstitutional practices of the 1970s.

Instead, the concept of fraternity, as enshrined in the Preamble, offers a stronger constitutional basis. The Thirty-first Amendment (1973) provides a precedent, allowing deviation from equal representation norms for states with populations under six million, mainly to protect northeastern states' interests.

This indicates that deviations can be justified when they aim to uphold national unity, respect regional diversity, and foster inter-state fraternity

Balancing Equality and Fraternity: A Constitutional Framework

Democracy isn’t just about majority rule. It must accommodate diverse voices. A voter-based delimitation model, grounded in fraternity, could offer a path that balances the democratic ideal of equal vote value with the constitutional necessity of regional inclusivity.

This model would not just resolve the immediate political crisis but also create a sustainable framework for future delimitation exercises.

Way Forward: A Constitutionally Affirming Delimitation Model

Any change to India's delimitation process must:

Address Malapportionment: Rectify the disparities in vote value across regions.

Respect Constitutional Values: Uphold equality, fraternity, and democratic representation.

Withstand Judicial Review: Any amendment must pass the basic structure test laid down by the Supreme Court.

Be Durable and Inclusive: Create a long-term solution rather than a politically expedient fix.

Conclusion: From Expediency to Constitutionality

Delimitation reform is inevitable. But its success lies in framing solutions that are not only politically palatable but constitutionally sound. A voter-based delimitation method could be the compromise that respects the principles of democracy, protects regional identities, and strengthens Indian federalism through the often-overlooked lens of fraternity.

By Team Atharva Examwise #atharvaexamwise