The Delimitation Act, 2002

This Act may be called the Delimitation Act, 2002.

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 1***

As soon as may be after the commencement of thisAct, the Central Government shall constitute a Commission to be called the Delimitation Commissionwhich 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 beappointed by the Central Government who shall be the Chairperson of the Commission; (b) the Chief Election Commissioner or an Election Commissioner nominated by the ChiefElection 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 suchmember under section 6; and (c) the State Election Commissioner of concerned State, ex officio. 1[Explanation.-- For the purposes of clause (c), the State Election Commissioner of concernedState,-- (i) in respect of the duties of the Commission relating to a State (other than the States ofMeghalaya, Mizoram and Nagaland), means the State Election Commissioner appointed by theGovernor 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 ofMizoram or the State of Nagaland, as the case may be, means a person nominated by the Governor ofthat State under clause (1) for such purposes].

(1) The readjustment made, on the basis of the census figures asascertained at the census held in the year 1971 by the Delimitation Commission constituted under section3 of the Delimitation Act, 1972 (76 of 1972), of the allocation of seats in the House of the People to theseveral States and the total number of seats in the Legislative Assembly of each State shall be deemed tobe 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, theCommission 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 censusfigures as ascertained at the census held in the year 1[2001]: Provided that where on such readjustment only one seat is allocated in the House of the People to aState, the whole of that State shall form one territorial constituency for the purpose of elections to theHouse of the People from that State.

(1) The Commission shall associate with itself for the purpose of assisting itin its duties in respect of each State, ten persons five of whom shall be members of the House of thePeople representing that State and five shall be members of the Legislative Assembly of that State: Provided that where the number of members of the House of the People representing any State is fiveor less, then, all such members shall be the associate members for that State and in the latter case the totalnumber of associate members shall be less than ten by such number as by which the total number ofmembers of the House of the People representing that State is less than five. (2) The persons to be so associated from each State shall be nominated, in the case of the members ofthe House of the People, by the Speaker of that House, and in the case of members of a LegislativeAssembly, by the Speaker of that Assembly, having due regard to the composition of the House or, as thecase may be, of the Assembly. (3) The first nominations to be made under sub-section --(2) (a) shall be made by the Speakers of the several Legislative Assemblies within one month, and bythe Speaker of the House of the People within two months, of the commencement of this Act; and (b) shall be communicated to the Chief Election Commissioner, and where the nominations aremade by the Speaker of a Legislative Assembly, also to the Speaker of the House of the People. (4) None of the associate members shall have a right to vote or to sign any decision of theCommission. (5) The Commission shall have power to call upon-- (a) the Registrar-General and Census Commissioner, India or his nominee; or (b) the Surveyor General of India or his nominee; or (c) any other officer of the Central Government or State Government; or (d) any expert in geographical information system; or (e) any other person, whose expertise and knowledge are considered necessary by the Commission to provide assistance to it inaddition to the assistance provided by the persons referred to in sub-section (1) and the officers andpersons so called upon shall be duty bound to assist the Commission. (6) The Secretary to the Election Commission shall be the ex officio Secretary of the Commission andshall discharge his functions with the assistance of the employees of the Election Commission under thesupervision of the Chairperson of the Commission.