#THE DELIMITATION ACT, 2002 
_______ 

##ARRANGEMENT OF SECTIONS 
_________ 

SECTIONS 
1. Short title. 
2. Definitions. 
3. Constitution of Delimitation Commission. 
4. Duties of the Commission. 
5. Associate members. 
6. Casual vacancies. 
7. Procedure and powers of the Commission. 
8. Readjustment of number of seats. 
9. Delimitation of constituencies. 
10. Publication of orders and their date of operation. 
10A. Deferment of delimitation in certain cases. 
10B. Delimitation  Commission's  order  with  respect  to  the  State  of  Jharkhand  not  to  have  any  legal 
  effect. 
11. Power to maintain delimitation orders up-to-date. 
12. Repeal. 



#THE DELIMITATION ACT, 2002 

##ACT NO. 33 OF 2002 

[3rd June, 2002.] 

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. 

  BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:— 

1. **Short title.**—This Act may be called the Delimitation Act, 2002. 

2. **Definitions.**—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]***. 

3. **Constitution of Delimitation Commission.**—As soon as may be after the commencement of this 
Act,  the  Central  Government  shall  constitute  a  Commission  to  be  called  the  Delimitation  Commission 
which 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 be 
appointed by the Central Government who shall be the Chairperson of the Commission; 

  (b) the  Chief  Election  Commissioner  or  an  Election  Commissioner  nominated  by  the  Chief 
Election 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  such 
member under section 6; and 

  (c) the State Election Commissioner of concerned State, *ex officio*. 

[^2][*Explanation.*—For  the  purposes  of  clause  (c),  the  State  Election  Commissioner  of  concerned 
State,— 

  (i) in  respect  of  the  duties  of  the  Commission  relating  to  a  State  (other  than  the  States  of 
Meghalaya,  Mizoram  and  Nagaland),  means  the  State  Election  Commissioner  appointed  by  the 
Governor 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 of 
Mizoram or the State of Nagaland, as the case may be, means a person nominated by the Governor of 
that State under clause (1) for such purposes]. 

4. **Duties of the Commission.**—(1)  The  readjustment  made,  on  the  basis  of  the  census  figures  as 
ascertained at the census held in the year 1971 by the Delimitation Commission constituted under section 
3 of the Delimitation Act, 1972 (76 of 1972), of the allocation of seats in the House of the People to the 
several States and the total number of seats in the Legislative Assembly of each State shall be deemed to 
be 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,  the 
Commission  shall  readjust  the  division  of  each  State  into  territorial  constituencies  for  the  purpose  of 

[^1]. The words “but does not include the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 62 (w.e.f. 31-10-2019). 
[^2]. Subs. by Act 3 of 2004, s. 2, for the Explanation (w.e.f. 31-10-2003). 

 

elections  to  the  House  of  the  People  and  to  the  State  Legislative  Assembly  on  the  basis  of  the  census 
figures as ascertained at the census held in the year 2001: 

  Provided that where on such readjustment only one seat is allocated in the House of the People to a 
State,  the  whole  of  that  State  shall  form  one  territorial  constituency  for  the  purpose  of  elections  to  the 
House of the People from that State. 

5. **Associate members.**—(1) The Commission shall associate with itself for the purpose of assisting it 
in  its  duties  in  respect  of  each  State,  ten  persons  five  of  whom  shall  be  members  of  the  House  of  the 
People 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 five 
or less, then, all such members shall be the associate members for that State and in the latter case the total 
number  of  associate  members  shall  be  less  than  ten  by  such  number  as  by  which  the  total  number  of 
members 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 of 
the  House  of  the  People,  by  the  Speaker  of  that  House,  and  in  the  case  of  members  of  a  Legislative 
Assembly, by the Speaker of that Assembly, having due regard to the composition of the House or, as the 
case 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 by 
the 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 are 
made 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  the 
Commission. 

(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 in 
addition  to  the  assistance  provided  by  the  persons  referred  to  in  sub-section  (1)  and  the  officers  and 
persons 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 and 
shall discharge his functions with the assistance of the employees of the Election Commission under the 
supervision of the Chairperson of the Commission. 

6. **Casual vacancies.**—If  the  office  of  the  Chairperson  or  of  a  member  or  of  an  associate  member 
falls  vacant  owing  to  his  death  or  resignation,  it  shall  be  filled  as  soon  as  may  be  practicable  by  the 
Central Government or the Speaker concerned under and in accordance with the provisions of section 3 
or, as the case may be, of section 5. 

7. **Procedure and powers of the Commission.**—(1)  The  Commission  shall  determine  its  own 
procedure  and  shall,  in  the  performance  of  its  functions,  have  all  the  powers  of  a  civil  court  under  the 
Code  of  Civil  Procedure,  1908  (5  of  1908),  while  trying  a  suit,  in  respect  of  the  following  matters, 
namely:— 

  (a) summoning and enforcing the attendance of witnesses; 

  (b) requiring the production of any document; and 

  (c) requisitioning any public record from any court or office. 

(2) The Commission shall have power to require any person to furnish any information on such points 
or matters as in the opinion of the Commission may  be  useful for, or relevant to, any  matter under the 
consideration of the Commission. 

(3) The Commission may authorise any of its members to exercise any of the powers conferred on it 
by clauses (a) to (c) of sub-section (1) and sub-section (2), and any order made or act done in exercise of 
any of those powers by the member authorised by the Commission in that behalf shall be deemed to be 
the order or act, as the case may be, of the Commission. 

(4) If there is a difference of opinion among the members, the opinion of the majority shall prevail, 
and acts and orders of the Commission shall be expressed in terms of the views of the majority. 

(5) The  Commission  as  well  as  any  group  of  associate  members  shall  have  power  to  act 
notwithstanding the temporary absence of a member or associate member or the existence of a vacancy in 
the  Commission  or  in  that  or  any  other  group  of  associate  members;  and  no  act  or  proceeding  of  the 
Commission or of any group of associate members shall be invalid or called in question on the  ground 
merely of such temporary absence or of the existence of such vacancy. 

(6) The Commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of 
the Code of Criminal Procedure, 1973 (2 of 1974). 

*Explanation.*—For  the  purposes  of  enforcing  the  attendance  of  witnesses,  the  local  limits  of  the 
jurisdiction of the Commission shall be the limits of the territory of India. 

8. **Readjustment of number of seats.**—The  Commission  shall,  having  regard  to  the  provisions  of 
articles  81,  170,  330  and  332,  and  also,  in  relation  to  the  Union  territories,  except  National  Capital 
Territory of Delhi, sections 3 and 39 of the Government of Union Territories Act, 1963 (20 of 1963) and 
in  relation  to  the  National  Capital  Territory  of  Delhi  sub-clause  (b)  of  clause  (2)  of  article  239AA,  by 
order, determine,— 

  (a) on  the  basis  of  the  census  figures  as  ascertained  at  the  census  held  in  the  year  1971  and 
subject to the provisions of section 4, the number of seats in the House of the People to be allocated to 
each State and determine on the basis of the census figures as ascertained at the census held in the 
year 2001 the number  of  seats,  if  any,  to  be  reserved  for  the  Scheduled  Castes  and  for  the 
Scheduled Tribes of the State; and 

  (b) on  the  basis  of  the  census  figures  as  ascertained  at  the  census  held  in  the  year  1971  and 
subject  to  the  provisions  of  section  4,  the  total  number  of  seats  to  be  assigned  to  the  Legislative 
Assembly of each State and determine on the basis of the census figures as ascertained at the census 
held in the year 2001 the number of seats, if any, to be reserved for the Scheduled Castes and for 
the Scheduled Tribes of the State: 

  Provided that the total number of seats assigned to the Legislative Assembly of any State under clause 
(b) shall be an integral multiple of the number of seats in the House of the People allocated to that State 
under clause (a). 

9. **Delimitation of constituencies.**—(1) The Commission shall, in the manner herein provided, then, 
distribute  the  seats  in  the  House  of  the  People  allocated  to  each  State  and  the  seats  assigned  to  the 
Legislative Assembly of each State as readjusted on the basis of 1971 census to single-member territorial 
constituencies and delimit them on the basis of the census figures as ascertained, at the census held in the 
year 2001, having regard to the provisions of the Constitution, the provisions of the Act specified in 
section 8 and the following provisions, namely:— 

  (a) all  constituencies  shall,  as  far  as  practicable,  be  geographically  compact  areas,  and  in 
delimiting them regard shall be had to physical features, existing boundaries of administrative units, 
facilities of communication and public convenience; 

  (b) every assembly constituency shall be so delimited as to fall wholly within one parliamentary 
constituency; 

  (c) constituencies  in  which  seats  are  reserved  for  the  Scheduled  Castes  shall  be  distributed  in 
different parts of the State and located, as far as practicable, in those areas where the proportion of 
their population to the total is comparatively large; and 

  (d) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, 
be located in areas where the proportion of their population to the total is the largest. 

(2) The Commission shall— 

  (a) publish  its  proposals  for  the  delimitation  of  constituencies,  together  with  the  dissenting 
proposals, if any,  of  any  associate  member  who  desires publication thereof, in the  Gazette  of  India 
and in the Official Gazettes of all the States concerned and also in such other manner as it thinks fit; 

  (b) specify a date on or after which the proposals shall be further considered by it; 

  (c) consider all objections and suggestions which may have been received by it before the date so 
specified, and for the purpose of such consideration, hold one or more public sittings at such place or 
places in each State as it thinks fit; and 

  (d) thereafter by one or more orders determine— 

     (i) the delimitation of parliamentary constituencies; and 

     (ii) the delimitation of assembly constituencies, 

of each State. 

10. **Publication of orders and their date of operation.**—(1) The Commission shall cause each of its 
orders  made  under  section  8  or  section  9  to  be  published  in  the  Gazette  of  India  and  in  the  Official 
Gazettes  of  the  States  concerned  and  simultaneously  cause  such  orders  to  be  published  at  least  in  two 
vernacular newspapers and publicize on radio, television and other possible media available to the public 
and after such publication in the Official Gazettes of the States concerned, every District Election Officer 
shall cause to be affixed, the Gazette version of such orders relating to the area under his jurisdiction, on a 
conspicuous part of his office for public notice. 

(2) Upon publication in the Gazette of India, every such order shall have the force of law and shall 
not be called in question in any court. 

(3) As soon as may be after such publication, every such order shall be laid before the House of the 
People and the Legislative Assemblies of the States concerned. 

(4) Subject  to  the  provisions  of  sub-section  (5),  the  readjustment  of  representation  of  the  several 
territorial  constituencies  in  the  House  of  the  People  or  in  the  Legislative  Assembly  of  a  State  and  the 
delimitation of those constituencies provided for in any such order shall apply in relation to every election 
to the House or to the Assembly, as the case may be, held after the publication in the Gazette of India of 
that  order  and  shall  so  apply  in  supersession  of  the  provisions  relating  to  such  representation  and 
delimitation  contained  in  any  other  law  for  the  time  being  in  force  or  any  order  or  notification  issued 
under such law in so far as such representation and delimitation are inconsistent with the provisions of 
this Act: 

[^1][Provided that nothing in this sub-section shall apply to the delimitation orders published in relation 
to the state of Jharkhand.] 

(5) Nothing  in  this  section  shall  affect  the  representation  in  the  House  of  the  People  or  in  the 
Legislative Assembly of a State until the dissolution of the House or of the Assembly, as the case may be, 
existing on the date of publication in the Gazette of India of the final order or orders of the Commission 
relating  to  the  delimitation  of  parliamentary  constituencies  or,  as  the  case  may  be,  of  the  assembly 
constituencies  of  that  State  and  any  bye-election  to  fill  any  vacancy  in  such  House  or  in  any  such 
Assembly shall be held on the basis of the provisions of the laws and orders superseded by sub-section (4) 
as if the said provisions had not been superseded. 

(6) The  Commission  shall endeavour  to  complete  and  publish  each  of its  orders  referred  to  in  sub-
section (1) in the manner provided in that sub-section, within a period not later than 31st day  of July, 
2008 under section 3. 

[^1]. Ins. by Act 9 of 2008, s. 2 (w.e.f. 14-1-2008). 



[^1][10A. **Deferment of delimitation in certain cases.**—(1)  Notwithstanding  anything  contained  in 
sections 4, 8 and 9, if the President is satisfied that a situation has arisen whereby the unity and integrity 
of India is threatened or there is a serious threat to the peace and public order, he may, by order, defer the 
delimitation exercise in a State. 

(2) Every order made under this section shall be laid before each House of Parliament. 

10B. **Delimitation Commission's order with respect to the State of Jharkhand not to have any 
legal effect.**—Notwithstanding  anything  contained  in  sub-section  (2)  of  section  10,  the  final  orders 
relating to readjustment of number of seats and delimitation of constituencies in respect of the State of 
Jharkhand  published  under  the  said  section  vide  Order  O.N.  63(E),  dated  30th  April,  2007  and  O.N. 
110(E), dated 17th August, 2007 shall have no legal effect and the delimitation of the constituencies as it 
stood before the publication of the said Orders shall continue to be in force until the year 2026 in relation 
to every election to the House of the People or to the Legislative Assembly, as the case may be, held after 
the commencement of the Delimitation (Amendment) Act, 2008 (9 of 2008).] 

11. **Power to maintain delimitation orders up-to-date.**—(1) The Election Commission may, from 
time to time, by notification in the Gazette of India and in the Official Gazette of the State concerned,— 

  (a) correct any printing mistake in any of the orders made by the Commission under section 9 or 
any error arising therein from an inadvertent slip or omission; and 

  (b) where the boundaries or name of any district or any territorial division mentioned in any of 
the said orders are or is altered, make such amendments as appear to it to be necessary or expedient 
for  bringing  the  orders  up-to-date,  so,  however,  that  the  boundaries  or  areas  or  extent  of  any 
constituency shall not be changed by any such notification. 

[^2][Provided  that  the  Election  Commission  may  make  such  amendments,  as  appear  to  it  to  be 
necessary  or  expedient,  for  bringing  the  said  orders  up-to-date  by  including  therein  and  excluding 
therefrom the relevant areas, consequent upon the exchange of one hundred and eleven enclaves of 
India  and  fifty-one  enclaves  of  Bangladesh  with  effect  from  31st  July,  2015,  in  pursuance  of  the 
Constitution (One Hundredth Amendment) Act, 2015.] 

(2) Every notification under this section shall be laid, as soon as may be after it is issued, before the 
House of the People and the Legislative Assembly of the State concerned. 

12. Repeal.—The Delimitation Act, 1972 (76 of 1972), is hereby repealed. 

[^1]. Ins. by s. 3, ibid.(w.e.f. 14-1-2008). 
[^2]. The proviso ins. by Act 10 of 2016, s. 3 (w.e.f. 4-3-2016).