Part III
DELIMITATION OF CONSTITUENCIES
38. Definitions.
38. Definitions.—In this Part, unless the context otherwise requires,—
(a) “associate member” means a member associated with the Delimitation Commission under Section 42 [i][or with the Election Commission [ii][under Section 43-A or Section 43-C]];
(b) “Delimitation Commission” means the Delimitation Commission constituted under Section 3 of [iii][the Delimitation Act, 2002 (33 of 2002)];
[iv][(bb) “Election Commission” means the Election Commission appointed by the President under Article 324;]
(c) “latest census figures” mean the census figures in [v][the Union Territory] ascertained at the latest census of which the finally published figures are available;
(d) “parliamentary constituency” means a constituency provided by law for the purpose of elections to the House of the People from [vi][the Union Territory] including the Union Territory of Delhi.
39. Assembly constituencies.
39. Assembly constituencies.—For the purpose of elections to the Legislative Assembly of [vii][the Union Territory], the Union Territory shall be divided into single member assembly constituencies in accordance with the provisions of this Part in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout the Union Territory.
40. Representation of Pondicherry in the House of the People.
40. Representation of Pondicherry in the House of the People.—There shall be allotted one seat to the Union Territory of Pondicherry in the House of the People and that Union Territory shall form one parliamentary constituency.
41. Duties of Delimitation Commission.
41. Duties of Delimitation Commission.—(1) It shall be the duty of the Delimitation Commission—
(a) to delimit the assembly constituencies in each Union Territory, and
(b) to determine, on the basis of the latest census figures, the number of seats to be reserved for the scheduled castes and for the scheduled tribes in the Legislative Assembly of [viii][the Union Territory] other than the Union Territory of Goa, Daman and Diu, and the constituencies in which these seats shall be so reserved.
(2) It shall also be the duty of the Delimitation Commission—
(a) to readjust, on the basis of the latest census figures, the division of each of the Union Territories of Delhi, Himachal Pradesh, Manipur and Tripura into parliamentary constituencies, the [ix][number being 7, 4, 2 and 2;]
(b) to determine the constituency in which the seat shall be reserved for the scheduled castes or for the scheduled castes or for the scheduled tribes, as the case may be; and
(c) to divide the Union Territory of Goa, Daman and Diu into two single-member parliamentary constituencies.
42. Associate members.
42. Associate members.—(1) For the purpose of assisting the Delimitation Commission in its duties, the Delimitation Commission shall associate with itself,—
(a) in respect of the Union Territory of Delhi, all the members of the House of the People representing that Union Territory;
(b) in respect of each of the Union Territories of Himachal Pradesh, Manipur and Tripura, all the members of the House of the People representing that Union Territory and three members of the Legislative Assembly of that Union Territory to be nominated by the Speaker of the Assembly from among the members thereof;
(c) in respect of the Union Territory of Goa, Daman and Diu, the two members of the House of the People representing that Union Territory;
(d) in respect of the Union Territory of Pondicherry, three members of the Legislative Assembly of that Union Territory to be nominated by the Speaker of the Assembly from among the members thereof.
(2) The nomination of members of the several Legislative Assemblies under sub-section (1) shall be made by the respective Speakers thereof as soon as practicable and shall be communicated to the Delimitation Commission.
(3) If owing to death or resignation the office of an associate member falls vacant, it shall be filled as soon as practicable under and in accordance with the foregoing provisions of this section.
(4) None of the associate members shall have the right to vote or to sign any decision of the Delimitation Commission.
43. Procedure as to delimitation.
43. Procedure as to delimitation.—The provisions of Sections 7, 9, 10 and 11 of the Delimitation Commission Act, 1962 (61 of 1962), shall apply, as far as may be, in relation to the delimitation of parliamentary and assembly constituencies under this Part as they apply in relation to the delimitation of parliamentary and assembly constituencies under that Act.
43-A. Special provision for delimitation of constituencies of Mizoram Legislative Assembly.
[x][43-A. Special provision for delimitation of constituencies of Mizoram Legislative Assembly.—(1) The provisions of Sections 39 to 43 (both inclusive) shall not apply to the delimitation of constituencies for the purpose of elections to the Legislative Assembly of the Union Territory of Mizoram.
(2) The Election Commission shall, in the manner herein provided, distribute the seats assigned to the Legislative Assembly of the Union Territory of Mizoram under sub-section (2) of Section 3 to single member assembly constituencies and delimit them on the basis of the latest census figures having regard to the provisions of the Constitution and to the following provisions:—
(a) all constituencies shall, as far as practicable, be geographically compact areas;
(b) in delimiting the constituencies, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience.
(3) For the purpose of assisting in the performance of its functions under sub-section (2), the Election Commission shall associate with itself as associate members—
(a) all the persons who, having been elected to the Legislative Assembly of the State of Assam from the Lungleh, Aijal East and Aijal West territorial constituencies, are members of that Assembly immediately before the day appointed under clause (b) of Section 2 of the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971); and
(b) such three elected members of the District Council of the Mizo District as the Chairman thereof may nominate:
Provided that none of the associate members shall have a right to vote or sign any decision of the Election Commission.
(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of sub-section (3).
(5) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after consideration of objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.
(6) The Election Commission may, from time to time, by notification in the Official Gazette,—
(a) correct any printing mistake in any order made under sub-section (5) or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order or orders are or is altered, make such amendments as appear to it to be necessary or expedient for beginning such order up-to-date.
(7) Every order made under sub-section (5) and every notification issued under sub-section (6) shall be laid as soon as may be after it is made or issued before the Legislative Assembly of the Union Territory of Mizoram.
(8) All things done, and all steps taken, before the commencement of this Act in the Union Territory of Mizoram with a view to delimiting the territorial constituencies of that Union Territory for purposes of elections to the Legislative Assembly of that Union Territory shall, in so far as they are in conformity with the foregoing provisions of this section, be deemed to have been done or taken under those provisions as if those provisions were in force at the time such things were done or such steps were taken.]
43-B. Representation of Arunachal Pradesh in the House of the People.
[xi][43-B. Representation of Arunachal Pradesh in the House of the People.—In the House of the People to be constituted after the general election to that House to be held after the commencement of the Government of Union Territories (Amendment) Act, 1975 and thereafter, there shall be allotted two seats to the Union Territory of Arunachal Pradesh and the First Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to have been amended accordingly.]
43-C. Special provisions for delimitation of parliamentary constituencies in Arunachal Pradesh and constituencies of Arunachal Pradesh Legislative Assembly.
[xii][43-C. Special provisions for delimitation of parliamentary constituencies in Arunachal Pradesh and constituencies of Arunachal Pradesh Legislative Assembly.—(1) The provisions of Sections 39 to 43 (both inclusive) shall not apply to the delimitation of parliamentary constituencies in the Union Territory of Arunachal Pradesh or to the delimitation of constituencies for the purpose of elections to the Legislative Assembly of that Union Territory.
(2) The Election Commission shall divide the Union Territory of Arunachal Pradesh into two single-member parliamentary constituencies on the basis of the latest census figures.
(3) The Election Commission shall also, in the manner herein provided, distribute the seats assigned to the Legislative Assembly of the Union Territory of Arunachal Pradesh under sub-section (2) of Section 3 to single-member assembly constituencies and delimit them on the basis of the latest census figures having regard to the following provisions:—
(a) all constituencies shall, as far as practicable, be geographically compact areas;
(b) every assembly constituency shall be so delimited as to fall only within one parliamentary constituency;
(c) in delimiting the constituencies, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience.
(4) For the purpose of assisting in the performance of its functions under sub-sections (2) and (3), the Election Commission shall associate with itself as associate members—
(a) the member of the House of the People representing the Union Territory of Arunachal Pradesh;
(b) such five members of the Legislative Assembly of the Union Territory of Arunachal Pradesh as the Speaker of that Assembly shall, having regard to the composition of the Legislative Assembly, nominate:
Provided that none of the associate members shall have a right to vote or sign any decision of the Election Commission.
(5) If owing to death or resignation, the office of an associate members falls vacant, it shall be filled, if practicable, in accordance with the provisions of sub-section (4).
(6) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after consideration of objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.
(7) The Election Commission may, from time to time, by notification in the Official Gazette,—
(a) correct any printing mistake in any order made under sub-section (6) or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order or orders are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.
(8) Every order made under sub-section (6) and every notification issued under sub-section (7) shall be laid as soon as may be after it is made or issued before the House of the People and the Legislative Assembly of the Union Territory of Arunachal Pradesh.
(9) All things done, and all steps taken, before the commencement of this Act in the Union Territory of Arunachal Pradesh with a view to delimiting the territorial constituencies of that Union Territory for purposes of elections to the Legislative Assembly of that Union Territory shall, in so far as they are in conformity with the foregoing provisions of this section, be deemed to have been done or taken under those provisions as if these provisions were in force at the time such things were done or such steps were taken.]
43-D. Special provision for determination of constituencies in the Legislative Assembly of Goa, Daman and Diu for Scheduled Castes and Scheduled Tribes.
[xiii][43-D. Special provision for determination of constituencies in the Legislative Assembly of Goa, Daman and Diu for Scheduled Castes and Scheduled Tribes.—(1) The Election Commission shall determine on the basis of the latest census figures—
(i) the number of seats to be reserved for the Scheduled Castes and for the Scheduled Tribes in the Legislative Assembly of the Union Territory of Goa, Daman and Diu (hereafter in this section referred to as the Legislative Assembly) having regard to the provisions of sub-section (5) of Section 3; and
(ii) the constituencies in which those seats shall be so reserved having regard to the provisions of clause (c), or, as the case may be, clause (d), of sub-section (1) of Section 9 of the Delimitation Act and without altering the extent of any constituency as delimited by the Delimitation Commission.
(2) The Election Commission shall—
(a) publish its proposals for the determination of the constituencies in which seats shall be reserved for the Scheduled Castes or for the Scheduled Tribes, as the case may be, in the Gazette of India and in the Official Gazette of the Union Territory of Goa, Daman and Diu and also in such other manner as the Election Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after consideration of objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the number of seats to be reserved for the Scheduled Castes or for the Scheduled Tribes, as the case may be, in the Legislative Assembly and the constituencies in which those seats shall be so reserved and cause such order or orders to be published in the Gazette of India and in the Official Gazette of the Union Territory of Goa, Daman and Diu; and upon such publication in the Gazette of India, the order or orders shall have the full force of law and shall not be called in question in any court and the Second Schedule to the Representation of the People Act, 1950 (43 of 1950) and the order made by the Delimitation Commission under Section 9 of the Delimitation Act in relation to the Legislative Assembly shall be deemed to have been amended accordingly.
(3) Subject to the provisions of sub-section (4), the re-adjustment of representation of any territorial constituencies in the Legislative Assembly necessitated by any order made by the Election Commission under this section, shall apply in relation to every election to the Legislative Assembly held after the publication in the Gazette of India, under sub-section (2), of such order.
(4) Nothing contained in the foregoing sub-sections shall affect the representation in the Legislative Assembly existing on the date of publication in the Gazette of India, under sub-section (2), of any order made by the Election Commission.
(5) The Election Commission may, from time to time, by notification in the Gazette of India and in the Official Gazette of the Union Territory of Goa, Daman and Diu—
(a) correct any printing mistake in any order made under sub-section (2) or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order are, or is, altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.
(6) Every order made under sub-section (2) and every notification issued under sub-section (5) shall be laid, as soon as may be, after it is made or issued before the Legislative Assembly.
Explanation.—In this section,—
(a) “Delimitation Act” means the Delimitation Act, 1972 (76 of 1972);
(b) “Delimitation Commission” means the Delimitation Commission constituted under Section 3 of the Delimitation Act.]
43-E. Special provision as to readjustment of territorial constituencies.
[xiv][43-E. Special provision as to readjustment of territorial constituencies.—Notwithstanding anything contained in Sections 38 to 43-D (both inclusive), until the relevant figures for the first census taken after the year [xv][2026] have been published, it shall not be necessary to readjust the division of each Union Territory into territorial constituencies and any reference to the “latest census figures” in this Part shall be construed as a reference to the [xvi][2001] census figures.]
43-F. Special provisions as to readjustment of territorial constituencies on the basis of 2001 census.
[xvii][43-F. Special provisions as to readjustment of territorial constituencies on the basis of 2001 census.—Notwithstanding the publication of orders under sub-section (1) of Section 10 of the Delimitation Act, 2002 (33 of 2002) or anything contained in sub-section (2) or sub-section (4) of the said section, any readjustment in the division of Union Territory into territorial constituencies by the Delimitation Commission before the said Act, on the basis of 2001 census shall take effect from such date as the Central Government may, by order, published in the Official Gazette, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment.]
References
[i] Inserted by Act 83 of 1971, Section 9 (w.e.f. 6-2-1972).
[ii] Substituted by Act 29 of 1975, Section 7 (w.e.f. 15-8-1975).
[iii] Substituted for “the Delimitation Commission Act, 1962 (61 of 1962)” by Act 19 of 2005, Section 3.
[iv] Inserted by Act 83 of 1971, Section 9 (w.e.f. 6-2-1972).
[v] Substituted for “a Union Territory” by Act 18 of 1987, Section 65 (w.e.f. 30-5-1987).
[vi] Substituted for “a Union Territory” by Act 18 of 1987, Section 65 (w.e.f. 30-5-1987).
[vii] Substituted for “a Union Territory” by Act 18 of 1987, Section 65 (w.e.f. 30-5-1987).
[viii] Substituted for “a Union Territory” by Act 18 of 1987, Section 65 (w.e.f. 30-5-1987).
[ix] Substituted for “total number thereof remaining the same” by Act 19 of 1966, Section 37 (w.e.f. 13-6-1966).
[x] Inserted by Act 83 of 1971, Section 10 (w.e.f. 6-2-1972).
[xi] Inserted by Act 29 of 1975, Section 8 (w.e.f. 15-8-1975).
[xii] Inserted by Act 29 of 1975, Section 8 (w.e.f. 15-8-1975).
[xiii] Inserted by Act 86 of 1976, Section 3 (w.e.f. 30-9-1976).
[xiv] Inserted by Act 19 of 1984, Section 3 (w.e.f. 1-3-1984).
[xv] Substituted for “2000” by Act 19 of 2005, Section 4.
[xvi] Substituted for “1971” by Act 19 of 2005, Section 4.
[xvii] Inserted by Act 5 of 2006, Section 2 (w.e.f. 31-3-2005).
[disclaimer]
