A case for hike in Assembly seats countrywide

The number of Lok Sabha and Vidhan Sabha seats across the country is ‘frozen’ and they will increase only after the results of the first Census after 2026 are available. Since the Census happens after the first year of each decennial, this would mean that only after 2031 can the number of seats increase.

It is not that seasoned politicians like Telangana Chief Minister K Chandrashekar Rao and Andhra Pradesh Chief Minister N Chandrababu Naidu are unaware of this. In their hurry to concede Telangana (to obtain an electoral advantage that they ultimately did not get), the Manmohan Singh government promised to increase the number of seats in the two states as per Section 26 of the AP Reorganization Act (2014).

Now both the Chief Ministers are pressuring the union government to implement this legal undertaking as per the Act. Narendra Modi is caught in a bind although now Minister of State for Home Hansraj Ahir has categorically stated in response to a question in Lok Sabha (from two Telugu MPs) that the number of seats will not be increased.

In undivided Andhra Pradesh, there were 294 assembly seats: 175 in the Seemandhra region and 119 in Telangana area. The Act proposed that this should be raised to 225 in Seemandhra (which is now Andhra Pradesh) and to 153 in Telangana. Such an increase will allow for better representation in the new states and is to be welcomed.

Whatever they might state publicly, KCR and Naidu want this increase for their own reasons; in a bid to consolidate their position, both of them have encouraged defections from other parties. This has intensified intra-party competition. The increase in the number of seats will allow the two Chief Ministers (who are also heads of their party) to accommodate the aspirations of more contenders.

But there is a problem: these provisions run counter to Article 170 of the Constitution which stipulates that the number of seats shall remain unchanged till the Census after 2026.

So, if the union government has to increase the number of assembly seats in Telangana and Andhra Pradesh, they have to move a constitutional amendment bill. Such a bill can never be passed – because representatives from other states will oppose the move, cutting across party lines. And there is a good reason for this. In fact, Hansraj Ahir quoted this section while stating that the number of seats cannot be increased immediately.

In the early years after India became a Republic and the system of elections through universal franchise was set into place, the number of seats both in the Lok Sabha and assemblies was increased after each Census, taking into account the increase in population in the intervening period.

In 1971, a disturbed Murasoli Maran of the DMK brought a private member bill in Parliament pointing out that states like Tamil Nadu and Andhra Pradesh which were successful in implementing the family planning programme were getting victimised. This, because the states where population was increasing faster (like Bihar and UP) were getting more seats in Lok Sabha compared to the states where population was relatively stable.

In fact, Madras state (which later became Tamil Nadu) and Andhra Pradesh actually saw a reduction in their Lok Sabha representation. For bringing parity, Maran called for freezing the number of seats.

A Delimitation Commission set up by the Government of India echoed these concerns. It recommended that the number of seats be frozen – not only in Lok Sabha but also in state assemblies – for 30 years (at the level of 1971) till the results of the 2001 census were available. Parliament accepted these recommendations.

When 2001 approached, there was panic amongst the political class: they realised that an increase in seats after the de-freezing would have to take into account not only the increase in population of ten years but 30 years. This would create greater anomalies and cause more problems.

In a move to counter this possibility, the Tamil Nadu assembly passed a unanimous resolution that the number of seats in Parliament (and assemblies) be frozen for another 50 years. Parliament passed a bill that was more reasonable: the freeze, it agreed, would continue for another 25 years. That’s where we are. Politicians are happy by perpetuating status quo, a game that they are adept at.

But there has been a flipside. Keeping the number of Lok Sabha and assembly seats constant even as population (and therefore the electorate) is increasing means that the number of voters in each constituency is also increasing. In fact, in many cases the number of voters in an assembly constituency today is equal to the number of voters for a Lok Sabha constituency in 1971.

To canvass support with the increased number of voters and secure their votes, candidates now have to spend more money. Since money does not grow on trees, politicians have to take donations from all and sundry – including those with questionable means. Compromised by such donations, the actions of many elected representative may not be exemplary.

Moreover, when MLAs/ MPs represent a larger number of voters, the quality of representation suffers. As a hypothetical example, an MLA would have more time for his voters, if there are (say) one lakh voters than if there are (say) ten lakh voters.

Thus, if we increase the number of assembly and Lok Sabha seats, there will be more public representatives who would have more time to solve the problems of the people. Such a move will reduce the need for finances required for standing in elections and hopefully will spur candidates with good credentials but less money power to contest. This will eventually lead to an improvement in the quality of our public representatives.

Though interested in their own states only, Chandrashekar Rao and Chandrababu Naidu can gather traction if they lobby for amendment of the Constitution to provide for more MLAs across the country. All political parties – both national and regional – are facing the heat from increasing competition amongst their members who are seeking tickets for the assembly. Thus, a national demand from the Telugu leaders will be greatly appreciated by them and all of them will come forward to support this.

It must be remembered that the discord is only about Lok Sabha seats: where some states fear that other states might have more number of seats. As far as assembly seats are concerned, they have been kept frozen because a certain ratio has to be maintained between the number of assembly and Lok Sabha seats. But this is not fixed ratio, though the most common is one Lok Sabha seat to 7 assembly seats.

If there is no adherence to this ratio, there can be an increase in assembly seats across the country even as the number of Lok Sabha seats is kept constant. Perhaps, the number of assembly seats can be doubled. This will lead to 238 assembly seats in Telangana and 350 in Andhra Pradesh.

In fact, even the number of Lok Sabha seats can be doubled: there can be 1,086 seats instead of the present 543. Nobody – including Tamil Nadu – will complain if the ratio among the states is kept constant. In fact, this is the way forward for a more vibrant democracy.

Anybody listening?

By: Kingshuk Nag