Section 13: Section 13 – Procedure as to Orders Delimiting Constituencies

Overview

Section 13 of the Representation of the People Act, 1950, outlines the step-by-step process for creating and modifying electoral constituencies – the geographical areas that each Member of Parliament or State Legislative Assembly represents. It ensures a fair and transparent process when deciding how these areas are defined.

Key Provisions

• Draft Orders & Public Notice: The Delimitation Commission prepares draft orders outlining proposed constituency boundaries. These drafts are made public, giving citizens a chance to review them.
• Objections & Suggestions: Anyone affected by the proposed changes can submit objections or suggestions to the Commission within a specified timeframe.
• Commission’s Review: The Commission carefully considers all objections and suggestions received before finalizing the orders.
• Final Order & Notification: Once finalized, the orders are published in the official Gazette (government notification), and they come into effect on a date specified in the notification.
• Transparency: The entire process is designed to be transparent, allowing public participation and scrutiny.

Impact on Voters and Electoral Rolls

Section 13 directly impacts voters because the boundaries of their constituency determine which representatives they elect. When constituencies are redrawn (delimited), voters may find themselves in a different constituency, and therefore vote for different candidates. This also affects the preparation of electoral rolls, as they need to be updated to reflect the new constituency boundaries. A fair delimitation process is crucial for ensuring equal representation for all citizens.

Practical Examples

• Example 1: A Delimitation Commission proposes merging two smaller villages into a single constituency. Residents of both villages are notified and given a month to submit any concerns they have about the proposed change. The Commission reviews the feedback and decides to proceed with the merger, publishing the final order.
• Example 2: A city has grown significantly since the last delimitation. The Commission proposes redrawing boundaries to ensure each constituency has roughly the same population. Some residents object, arguing the new boundaries split a historically cohesive neighborhood. The Commission considers this objection and, after reviewing population data and community concerns, slightly adjusts the boundaries to minimize disruption while still achieving population balance.

Related Sections / Rules

Section 13 works closely with other parts of the Representation of the People Act, 1950, including: Section 4 (which establishes the Delimitation Commission), Section 5 (dealing with the manner of delimitation), and Section 7 (regarding the publication of orders). The Registration of Electors Rules, 1962 are also relevant, as they govern the updating of electoral rolls to reflect changes in constituency boundaries.