DMK, TDP should uphold their legacy of ensuring fairness delimitation, says Congress

Invoking the role played by the Dravida Munnetra Kazhagam (DMK) and the Telugu Desam Party (TDP) in previous rounds of delimitation, Congress general secretary (communications) Jairam Ramesh said the two parties should not fritter away their legacy of ensuring fairness in the delimitation process.

Speaking to The Hindu ahead of the Monsoon Session of Parliament, Mr. Ramesh said continuing with the 1971 Census as the basis for the distribution of Lok Sabha seats is crucial to maintaining the federal balance. The Congress, he said, favours extending the freeze for another 25 years, until 2051.

“The DMK played a pivotal role in the Constitutional freeze of 1976. The DMK and the TDP played a crucial role in the Constitutional freeze of 2001. Hopefully both will now continue to play the key role in ensuring there is no unfreezing,” he said.

On April 17, the Constitution (131st Amendment) Bill, which sought to redistribute Lok Sabha seats on the basis of the 2011 Census and expedite the implementation of women’s reservation, was defeated by a united Opposition. In a House where 528 members were present and voting, 298 voted in favour of the Bill, falling short of the required two-thirds majority.

There is speculation that the government may amend the legislative package comprising the Constitution (131st Amendment) Bill and the Delimitation Bill to ensure a proportionate 50% increase in the strength of every State in the Lok Sabha, in an effort to address concerns raised by its allies. The speculation has gained traction after the government’s strength in the Lok Sabha increased after the split in the Trinamool Congress and the Shiv Sena (UBT).

Since the Congress decided to align with the TVK following the defeat of the DMK-led alliance in the Tamil Nadu Assembly election, the DMK has maintained its distance from the Congress, and it remains unclear how it would vote if the Bill returns to Parliament. The TDP, a key BJP ally, too has advocated for retention of the 1971 reference in the legislation.

‘Optical illusion’

The Congress leader said the oral assurance given by Home Minister Amit Shah in the last session regarding a proportionate 50% increase in the Lok Sabha representation of every State was only an “optical illusion” created by the government. The assurance was not reflected in the Bills circulated during the last session. He argued that the issue could not be resolved merely by adding a clause to that effect.

“The talk of a proportionate 50% increase in the strength of each State in the LS is an optical illusion. It is meaningless in the light of Article 81(2)(a) of the Constitution,” Mr. Ramesh said, arguing that the government, through the Bills defeated in the last session, had removed the constitutional protection for maintaining the State-wise proportion of seats in the Lok Sabha.

The legislation sought to amend Article 81(1) to increase the number of Lok Sabha members from 543 to 850, and Article 81(3) to lift the 1971 freeze, while leaving Article 81(2)(a) untouched. This provision maintains that the ratio between a State’s population and its number of Lok Sabha seats should be roughly equal across States. “The Bills circulated by the government in the last session removed the constitutional freeze on the distribution of Lok Sabha seats, which means that it is now a constitutional imperative to reallocate seats in favour of more populous States,” Mr. Ramesh said.

This, he argued, leaves a wide ambit for the Delimitation Commission, which is appointed by the government and whose decisions are protected from judicial challenge under Article 329 of the Constitution.

“The Modi government may commit to a proportionate 50% increase for all States in the Lok Sabha for the 2029 elections. However, after the elections, the commission can very well change the State-wise distribution of Lok Sabha seats, favouring the more populous States in allocation of seats,” he said.