A brief note on Census 2001 and delimitation in Manipur

Hareshwar Goshwami *

Delimitation, mandated by the Constitution is an exercise to provide for re-adjustment and reallocation of seats in the House of the People to the States (Lok Sabha), and the number of seats in the State Legislative Assemblies. It also identifies seats for Scheduled Caste and Scheduled Tribe communities. Delimitation is generally done on the basis of census report of the preceding year.

Since independence of India, there were 4(four) census with reports published in the years 1951, 1961, 1971 and 2001 (Provisional). Accordingly, Delimitation Commissions were formed in the years, 1952, 1963, 1972 and 2002 respectively. However, by the Constitution (Forty-Second Amend- ment) Act, 1976, there was a freeze of delimitation until the year 2001.

Again, by the Constitution (Eighty-Fourth Amendment) Act, 2002, the delimitation was halted up to the year 2026. During the period of freezing, the role of Delimitation Commission was mostly limited to re-adjustment and reallocation of boundaries only within the existing number of Constituencies.

The present ongoing delimitation process in India including Manipur is based on the census report of 2001. After the publication of the census report, the Delimitation Commission Act, 2002 was enacted. Now, the Act is to be read with Delimitation (Amendment) Acts, 2003 and 2008 etc.

As the census of 2021 could not complete in time (maybe) due to Covid-19 pandemic and other factors, the period of the census is extended upto the year 2026, the year up to which the freezing was extended. As such, the next delimitation is to be conducted on the basis of the first census taken after the year 2026.

That could be 2031 as per the prevailing norms. Necessary amendments have been made in the Constitution (Eighty Fourth Amendment) Act, 2002 and the Constitution (Eighty-Seventh Amendment) Act, 2003. Consequent upon these amendments, relevant Articles of the Constitution of India were also amended.

The issue of the census of 2001 in Manipur comes up after detection of disproportionate growth of population in some sub-divisions of Manipur. This inconsistent growth, if taken as true would impacted on reallocation of constituency boundaries in the state.

Later on, the provisional census report of 2001 is said to have been corrected. But, most of the people in the State are still doubtful the manner in which it was corrected. The controversy goes on as the State Government fails to convince the people with a befitting reply in this regard.

After complaints and counter claims from various civil society organizations, political parties and the public, the Government of India issued an order deferring delimitation exercise in Manipur vide Gazette Notification No. 190 carrying Order No. S.O.286 (E) dated 8th February, 2008, issued by Ministry of Law and Justice (Legislative Department).

The order also cited a Writ Petition (PIL) No.16 of 2005 filed by Manipur Pradesh Congress Committee and Other Political Parties among others. The operative part of the Order is: “Now, therefore, keeping in view the serious problem in the State of Manipur and to obviate the above problems, the President, in exercise of the powers conferred by sub-section (I) of Section 10A of the Delimitation Act, 2002 (33 of 2002) … hereby defer the delimitation exercise in the State of Manipur with immediate effect and until further orders.”

Then, the matter was taken up at the level of the Hon’ble Supreme Court by some other parties. The Hon’ble Supreme Court after hearing Writ Petition (s) (Civil) No (s). 296 0f 2008 disposed of most of the related cases on 21-08-2014. The relevant portion of the order is: “In view of the notification dated 8.2.2008 we are satisfied that merits of the matter do not deserve to be examined.

Special leave petitions are disposed of as infructuous. Question of law, however, is kept open.” Thus, the order of the Hon’ble Supreme Court upholds the Government order dated 08-02-2008 for deferment of delimitation exercise based on the census report of 2001 in Manipur.

Once again, the matter comes sometime in 2020. The Government of India issued another order bearing No.S.O.905 (E) dated 28th February, 2020 stating that the earlier order No.S.O.286 (E) dated 8th February 2008 has rescinded, thus allowing to continue the delimitation exercise in accordance with the provisions of the Delimitation Act, 2002 in Manipur.

Consequent upon the cancellation of the deferment order, the Government of India, Ministry of Law & Justice (Legislative Department) reconstituted another Delimitation Commission with Justice (Retd.) Smt Ranjana Prakash Desai as Chairperson. For the State of Manipur, Associate Members were also nominated in the year 2020 in accordance with the provisions of the Delimitation Act 2002 with a view to proceed with the delimitation exercise.

However, in a recent development in the year 2021, the States of Assam, Arunachal Pradesh, Manipur and Nagaland are reportedly put out of the purview of recently formed Delimitation Commission. In view of this new development, the recent order of the Hon’ble Supreme Court of India passed in Writ Petition (s) (Civil) No (s). 357/2022 dated 17-03-2025 becomes significant.

The order stated, “The earlier orders shall be complied with within a period of three months from today. Re-list in the week commencing 21.07.2025.”

For me, what is the ‘earlier orders’ and what is to be done becomes a matter to be enlightened by legal experts and intellectuals who are conversant with the matter. Conclusively, as delimitation also relates to equitable growth and development of a State in general and the Constituency in particular, understanding and positive response from all concerned is required.

Yet, a delimitation based on erroneous and inaccurate census report should not be the foundation for readjustment and reallocation of boundaries for any Constituency, until or unless it is corrected properly.

Till then, status-quo of the present existing Assembly and Parliamentary Constituency boundaries in Manipur may be continued until the next census after 2026. In this regard, the attention of the Hon’ble Governor of Manipur is drawn as the State is presently under President’s Rule.