Territorial Constituencies And Their Re-adjustment

Each state is divided into geographical seats for the purpose of holding direct Lok Sabha elections.

 

 

The Constitution makes the following two provisions in this regard:

 

Each state is assigned a number of Lok Sabha seats in such a way that the ratio of that number to its population is the same across the board. A state with a population of less than six million people is exempt from this clause.

 

Each state is divided into territorial constituencies in such a way that the population of each constituency is proportional to the number of seats given to it across the state.

 

In summary, the Constitution assures that there is consistency of representation in two areas: (a) between states and (b) between constituencies within the same state. The term 'population' refers to the population as determined by the previous census, the results of which have been made public.

 

Each census requires a recalculation of (a) the distribution of Lok Sabha seats to states and (b) the division of each state into territorial constituencies. Parliament has the authority to decide on the authority and how it will be exercised. As a result, the Delimitation Commission Acts of 1952, 1962, 1972, and 2002 were adopted by Parliament for this purpose.

 

The 42nd Amendment Act of 1976 froze the allocation of Lok Sabha seats to states and the division of each state into territorial constituencies until the year 2000, when it was raised to the level of 1971. The 84th Amendment Act of 2001 extended the readjustment ban for another 25 years (until 2026), with the same goal of encouraging population control measures.

 

On the basis of the population statistics from the 1991 census, the 84th Amendment Act of 2001 also enabled the government to rebalance and rationalise territorial constituencies in the states.

 

Later, the 87th Amendment Act of 2003 permitted for constituency delimitation based on the 2001 census rather than the 1991 census. This may be accomplished without affecting the number of Lok Sabha seats assigned to each state.

 

Despite the fact that the Constitution abolished communal representation, it does provide for the allocation of seats in the Lok Sabha for scheduled castes and scheduled tribes based on population ratios. This reservation was originally intended to last ten years (i.e., until 1960), but it has been continuously extended by ten years since then. This reservation is now set to endure until 2020, thanks to the 95th Amendment Act of 2009.

Despite the fact that seats are allocated for scheduled castes and tribes, they are elected by all voters in a constituency, rather than by a special electorate. A member of a scheduled caste or tribe is not prohibited from running for a general (non-reserved) seat.

 

The 84th Amendment Act of 2001 provides for the re-fixing of reserved seats based on population statistics from the 1991 census as applicable to general seat rationalisation. Later, the 87thAmendmentAct of 2003 mandated the re-fixing of reserved seats based on the 2001 census rather than the 1991 census.

 

Though the Constitution has approved a proportional representation system for the Rajya Sabha, it has not chosen the same method for the Lok Sabha. Instead, it has chosen the geographical representation system for Lok Sabha member elections. Every member of the legislature represents a geographical area known as a constituency under territorial representation. Only one representative is elected from each constituency. As a result, such a constituency is referred to as an one member constituency. A candidate who receives a majority of votes is proclaimed elected under this method. In other words, minorities are not adequately represented (small groups).

 

The goal of the proportional representation system is to eliminate the flaws in territorial representation.

 

This mechanism ensures that all segments of the population are represented in proportion to their numbers. Even the tiniest segment of the population is adequately represented in the legislature.

 

The single transferable vote system and the list system are two types of proportional representation.

The first kind is used in India to elect members of the Rajya Sabha and state legislative councils, as well as the President and Vice-President. Despite the fact that certain members of the Constituent Assembly campaigned for the use of proportional representation in the election of Lok Sabha members, the method was not adopted by the Constitution for two reasons.

 

• Due to the country's low literacy rate, voters find it difficult to comprehend the system (which is complex).

 

• Unsuitability for parliamentary government due to the system's tendency to increase political parties, resulting in government instability.

 

Furthermore, the proportional representation system has the following flaws:

It is really costly.

 

It does not allow for the holding of by-elections.

 

It eliminates personal interactions between voters and elected officials.

 

It encourages minority viewpoints and group interests.

 

It raises the importance of the party system while decreasing the importance of the voter.

 

The Rajya Sabha (founded in 1952) is a continuing chamber, which means it is a permanent body that cannot be dissolved. Every two years, though, one-third of its members leave. At the start of every third year, new elections and presidential nominations fill their seats. Re-election and renomination are available to retiring members at any time.

 

The Constitution does not specify the period of office for Rajya Sabha members, leaving it to the discretion of Parliament.

As a result, the Parliament stipulated in the Representation of the People Act (1951) that a member of the Rajya Sabha's term of office be six years. The legislation also gave the president of India the authority to shorten the terms of MPs elected to the first Rajya Sabha. Who should retire in the first group was determined by a lottery. The act also empowered the President to enact measures governing the sequence of retirement of Rajya Sabha members.

 

The Lok Sabha, unlike the Rajya Sabha, is not a permanent chamber. Its typical duration is five years, beginning with the date of its first meeting following the general elections, after which it dissolves automatically. The President, on the other hand, has the authority to dissolve the Lok Sabha at any time, even before the five-year period has expired, and this power cannot be disputed in court. Furthermore, during a state of national emergency, the Lok Sabha's tenure can be extended by a bill of Parliament for one year at a time for any amount of time. However, after the emergency has ended, this extension cannot be extended for more than six months.