Delimitation Act, 2002
No: 33 Dated: Jun, 03 2002
The Delimitation Act, 2002
(Act No. 33 of 2002)
An Act to provide for the readjustment of the allocation of seats in the House of the People to the States, the total number of seats in the Legislative Assembly of each State, the division of each State and each Union territory having a Legislative Assembly into territorial constituencies for elections to the House of the People and Legislative Assemblies of the States and Union territories and for matters connected therewith.
Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-
1. Short title.—This Act may be called the Delimitation Act, 2002.
2. 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) “Commission” means the Delimitation Commission constituted under section 3;
(d) “Election Commission” means the Election Commission referred to in article 324;
(e) “member” means a member of the Commission and includes the Chairperson; and
(f) “State” includes a Union territory having a Legislative Assembly
3. 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 members as follows:—
(a) one member, who shall be a person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government who shall be the Chairperson of the Commission;
(b) the Chief Election Commissioner or an Election Commissioner nominated by the Chief Election Commissioner, ex officio: Provided that after the nomination of an Election Commissioner as a member under this clause, no further nomination under this clause shall be made except to fill the casual vacancy of such member under section 6; and
(c) the State Election Commissioner of concerned State, ex officio.
Explanation.—For the purposes of clause (c), the State Election Commissioner of concerned State,—
(i) in respect of the duties of the Commission relating to a State (other than the States of Meghalaya, Mizoram and Nagaland), means the State Election Commissioner appointed by the Governor of that State under clause (1) of article 243K; and
(ii)in respect of the duties of the Commission relating to the State of Meghalaya or the State of Mizoram or the State of Nagaland, as the case may be, means a person nominated by the Governor of that State under clause (1) for such purposes
4. 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 Delimitation Act, 1972 (76 of 1972), of the allocation of seats in the House of the People to the several States and the total number of seats in the Legislative Assembly of each State shall be deemed to be the readjustment made by the Commission for the purposes of this Act.
(2) Subject to the provisions of sub-section (1) and any other law for the time being in force, the Commission shall readjust the division of each State into territorial constituencies for the purpose of elections to the House of the People and to the State Legislative Assembly on the basis of the census figures as ascertained at the census held in the year 2001:
Provided that where on such readjustment only one seat is allocated in the House of the People to a State, the whole of that State shall form one territorial constituency for the purpose of elections to the House of the People from that State.