The Delimitation Act, 2002
Administered Ministry: Ministry of Law and Justice / Legislative Department
Act details
| Short title | The Delimitation Act, 2002 |
|---|---|
| Long title | 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. |
| Act number | 33 of 2002 |
| Act year | 2002 |
| Enactment date | 3 Jun 2002 |
| Ministry | Ministry of Law and Justice / Legislative Department |
| Department | Legislative Department |
| Jurisdiction | Central (Parliament of India) |
| Sections | 14 |
| Status | Not repealed |
| Last checked on India Code | 29 Oct 2026 |
| Source | India Code, Government of India |
Summary
Summary of Delimitation Act, 2002
Key Provisions
1. Purpose: Readjust seats in the House of the People and State Legislative Assemblies, and divide States/Union Territories into territorial constituencies.
2. Delimitation Commission: - Composition: A Supreme Court Judge (Chairperson), the Chief Election Commissioner (or nominated Election Commissioner), and the State Election Commissioner.
3. Duties: Readjust seat allocations and delimit constituencies based on census data (notably, the 2011 census for adjustments).
4. Procedure & Powers:
• Procedure: Includes public notification, consideration of objections, and final order publication.
• Powers: Maintain delimitation orders up-to-date, correcting mistakes or reflecting administrative changes.
5. Special Provisions & Amendments
• State-Specific Provisions: Arunachal Pradesh, Assam, Manipur, Nagaland: Special delimitation rules.
6. Election Commission’s Role:
• Publish proposals and final orders in Official Gazettes.
• Consider objections before finalizing delimitation.
Legislative history
Legislative History:
The Delimitation Act, 2002
Act Title The Delimitation Act, 2002 (enacted as Act No. 33 of 2002)
Act ID (India Code) 200233
Presidential Assent Date June 3, 2002
Enforcement Date June 3, 2002
Nodal Ministry Ministry of Law and Justice
Precedent & Historical Context
1. Constitutional Mandate:
o Under Article 82 and Article 170 of the Constitution of India, Parliament is required to enact a Delimitation Act after every decennial census to readjust the territorial boundaries of Lok Sabha and State Legislative Assembly constituencies.
o Prior Delimitation Commissions had been constituted under the Delimitation Commission Acts of 1952, 1962, and 1972.
2. The 84th Constitutional Amendment (2001):
o The Constitution (Eighty-Fourth Amendment) Act, 2001 maintained the freeze on the overall total number of seats in the Lok Sabha and State Assemblies until the first census taken after 2026.
o However, it permitted the readjustment and rationalization of constituency boundaries within each State based on the 1991 Census figures (later updated to the 2001 Census via the 87th Constitutional Amendment Act, 2003).
Parliamentary Trajectory & Enactment
• Introduction & Formulation: Drafted by the Ministry of Law and Justice to constitute a new high-powered Delimitation Commission.
• Parliamentary Passage: Considered and passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) during the Budget Session of 2002.
• Presidential Assent: Received Presidential Assent on June 3, 2002, and came into force immediately.
• Enforcement: Enforced on June 3, 2002.
Source: Official Records of Parliament, India Code, and Election Commission of India.