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Delayed Census Will Push Back Women’s Quota

Relevance: GS1- Population and Associated Issues; GS2 - Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

(Source: The Hindu, 09/20/2023)

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Why in the news?

  • The Women's Reservation Bill, recently introduced in the Lok Sabha, faces several challenges before becoming law. It requires broad political support and hinges on a census and delimitation process.
  • The bill stipulates that women's reservation in legislative seats will only be implemented after the completion of constituency redrawing based on census data, following the bill's enactment.

Delayed Census

About Women’s Reservation Bill

  • The bill proposes 33% reservation for women in Lok Sabha and Assemblies of State.
  • Similar reservation will also be provided within the seats reserved for SC and ST.
  • The bill proposes that the reservation will continue for 15 years.
  • Seats reserved for women will be rotated after each delimitation exercise.
  • The Constitution (128th Amendment) Bill states that the implementation of women's quota in the 2024 general election will only happen after a delimitation exercise based on the first Census after the Act's commencement.

Why is there a delay in decennial census exercise?

  • The decennial census exercise that was to be conducted in 2021 was postponed indefinitely due to the Covid pandemic.
  • Ideally, the delimitation process must be undertaken every 10 years, in line with the Census timeline.

How is the census conducted?

  • A census is a comprehensive process aimed at gathering, organizing, analyzing, and disseminating vital demographic, economic, and social information pertaining to a specific population.
  • It serves as a valuable tool for creating a detailed profile of the population, encompassing various aspects such as age, gender, educational attainment, employment status, income levels, housing conditions, and more.
  • The responsibility for conducting the decennial census lies with the Office of the Registrar General and Census Commissioner, operating under the Ministry of Home Affairs and governed by the Census Act of 1948.
  • The census procedure comprises two distinct phases:
    • Housing Census: During this initial phase, data pertaining to housing conditions, household amenities, and the assets owned by households are systematically gathered and documented.
    • Population Census: The second phase involves the collection of a wide range of data, including population statistics, educational attainment, religious affiliations, economic activities, information about Scheduled Castes and Tribes, language preferences, literacy rates, migration patterns, and fertility rates among others.

Implications of Census Delay

  • Outdated Census information (available from the last Census in 2011) often becomes unreliable and affects those who do and do not receive the benefits of welfare schemes.
    • For example, National Food Security Act, 2013 which provides subsidised foodgrains to poor & vulnerable uses the census data to identify the beneficiaries.
  • Challenges for Research and Analysis: Researchers and policymakers often face issues with outdated or less accurate data sources when conducting studies due to the unavailability of current information.
  • Impact on Sample Surveys: Census data serves as a crucial reference point for various sample surveys in the country.
    • For example, the recent National Family Health Survey (NFHS-5) relied on 2011 census data, impacting the accuracy and relevance of the survey results.
  • Impact on Political Representation: Census data is vital for constituency demarcation and seat allocation in Parliament and State Assemblies. The delay in conducting a new Census results in continued reliance on 2011 data, which doesn't capture recent population changes accurately.
    • This can lead to either overrepresentation or underrepresentation of Scheduled Castes, Scheduled Tribes, and women in different regions when determining seat reservations.
  • Impact on Migration Data: The Census data delay hampers the availability of current migration information, limiting its use in policy making and planning. This lack of data, as seen during the COVID-19 pandemic, can hinder the government's ability to effectively address issues related to stranded migrant laborers and their needs.
  • Missed Opportunities and Delayed Decision-making: A delayed census hinders the ability to identify emerging trends, assess needs, and make timely targeted interventions, economic plans, and business decisions, leading to missed opportunities.

What is Delimitation?

  • Delimitation means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body.
  • It is done to reflect the demographic changes in a state, Union Territory or at the national-level, the underlying logic being that a set number of voters have one representative in the Lok Sabha as well as in the state assemblies across the country. Hence, this exercise is carried out after every census.
  • Constitutional Amendments Needed to Operationalise Delimitation: As delimitation is a precondition for the implementation of reservation, for this Articles 82 and 170(3) of the Constitution would have to be amended.
    • Article 82 provides for the readjustment of constituencies (number and boundaries) of both Lok Sabha and state Assemblies after every Census.
    • Article 170(3) deals with composition of the Legislative Assemblies.

Delimitation

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FAQs

Question: What is Delimitation?

Answer:

Delimitation means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body. It is done to reflect the demographic changes in a state, Union Territory or at the national-level.

Question: What is the need of Delimitation ?

Answer:

To ensure that all parts of a population are represented equally. Geographical areas are divided fairly so that no political party gains an edge over another in an election.

Question: What is Census?

Answer:

The census collects data on the size, distribution, socioeconomic, demographic, and other characteristics of the country's population.

UPSC Mains Practice Question:
  1. Discuss the contribution of civil society groups for women’s effective and meaningful participation and representation in state legislatures in India. (UPSC 2023)
  2. Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (UPSC 2021)
  3. “The reservation of seats for women in the institutions of local self-government has had a limited impact on the patriarchal character of the Indian Political Process.” Comment. (UPSC 2019)
  4. What are the continued challenges for Women in India against time and space? (UPSC 2019)
  5. “Empowering women is the key to control population growth”. Discuss. (GS1, 2019)

MCQs

Question: With reference to the Delimitation Commission, consider the following statements: (UPSC 2012)

  1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
  2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.

Which of the statements given above is/ are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (c) See the Explanation

The Commission is a strong entity whose decisions are not subject to legal dispute. The orders are presented to the Lok Sabha as well as the state legislatures. Modifications, on the other hand, are not permitted. Hence both the statements are correct.

Therefore, option (c) is the correct answer.

*The article might have information for the previous academic years, please refer the official website of the exam.
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