Delimitation a long way away

AP Reorganisation Act says Assembly constituencies can be increased in Andhra Pradesh and Telangana from 175 and 119 to 225 and 153 respectively. However, the amended provision (3) of the Article 170 rules out any changes in existing constituencies in entire country before 2026

The Telangana government has once again urged the Central government for enhancement of Legislative Assembly seats in the State from 119 to 153, as per the Section 26(1) of the AP Reorganization Act, 2014.

The Section 26(1) envisages that subject to the provisions contained in Article 170 of the Constitution without prejudice to Section 15 of this Act, the number of seats in the Legislative Assembly of the successor States of Andhra Pradesh and Telangana shall be increased from 175 and 119 to 225 and 153 respectively, and that the delimitation of the constituencies may be determined by the Election Commission.

An increase in Telangana Assembly seats by 34 from 119 to 153 enables the State to address political instability issues. Each of the 17 Lok Sabha seats in Telangana has 9 Assembly constituencies instead of the 7 assembly constituencies (ACs). Telangana stated that there are wide variations regarding the number of assembly constituencies for each parliamentary constituency (PC) or the size of population in each constituency in States.

For instance, in Uttar Pradesh there are five ACs for one PC, where as there are eight and nine ACs for each PC in Rajasthan and Haryana respectively. As against 10 ACs for one PC in Delhi, in north-eastern states the number goes up to even 30. Citing these, TS made a case out that it can also nine ACs for one PC as in the case of Haryana and Rajasthan. Political parties have also commented that if Kerala with a population of 3.3 crore has 140 Assembly seats, Telangana with 3.5 crore can have 153 ACs.

The political parties had opined that Assemblies with small strength may see instability, and hence the need to increase the number of Assembly seats in both AP and TS, and this was included in the AP Reorganization Act. Political instability experiences in small states like Goa and Jharkhand in past prompted the Centre to come up with this proposition during bifurcation. Besides ensuring stability, even from governance and administration points of view, it will benefit people.

Bifurcation of AP has brought a strange fate for the seven mandals in Khammam district which were merged from Telangana to AP. The villages which were under the purview of two PCs and 3 ACs in Telangana became part of AP. If this anomaly has to be corrected, delimitation has to be taken up.

But if the delimitation is limited to just these seven mandals, then it will be a simple exercise which can be done in a few months. But if delimitation has to be taken up all over the two states it will be a major task which will take years.

Telangana is arguing that since it is a new state, democratic institutions need to be strengthened to ensure social justice to the people of Telangana, the GOI may ask the Election Commission to expedite delimitation at the earliest.

But, Parliament had brought an amendment to the provision (3) of the Article 170 which envisages to delimitation of Assembly and Parliament constituencies in 2008 stating that there would be no alterations in the existing constituencies in the entire country. In contrast, the AP Reorganization Act provides for increase of Assembly seats in both States, authorizing the EC to take up fresh delimitation.

It is learnt that the Centre has made it clear that increasing the number of assembly seats of Telangana can be possible only after 2026. Besides this, it is also learnt that the EC also conveyed its inability to address the issue of increasing Assembly Seats in Telangana, citing legal defects in the Act. The Election Commission maintains that unless the Centre rectified relevant sections in the Act and brought an amendment, it is not possible for it to take follow up action.

The EC also made it clear that it is now up to the President of India, who is empowered to remove the obstacles for implementing various provisions of the AP Re-organization Act, or the Union Home Ministry, which is the nodal agency to affect changes, to nullify the defects in order to implement the provision to increase Assembly seats in both the States. The Union Home Ministry needs to bring an amendment to the AP Act by adding a few sentences to make fresh delimitation for increase of seats overriding the provisions in Article 170.

Both Telugu States CMs have been promising their respective party leaders the increase of Assembly seats by next elections so that they could accommodate more leaders into the Legislature. However, this will not be possible unless the defects in the Act are amended.