Case For Consensus, Pg6

Key Highlights:

• A recent parliamentary session faced a stalemate due to controversial Foreign Contribution (Regulation) Act (FCRA) amendments and opaque delimitation proposals.
• The government's approach is perceived as circumventing Parliament rather than fostering deliberation and consensus.
• There is a strong call for wide consensus on the upcoming delimitation exercise, given its far-reaching implications for India's representative system.
• Historically, decisions regarding delimitation in 1976 and 2001 were made unanimously, setting a precedent for consensus-building.

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Detailed Insights:

• The Foreign Contribution (Regulation) Act, 2010 (FCRA) regulates the acceptance and utilization of foreign contributions to prevent activities detrimental to national interest. Recent amendments to the FCRA have tightened regulations, increasing government control and raising concerns about the autonomy of non-governmental organizations.
• Delimitation is the process of redrawing the boundaries of Lok Sabha and state assembly constituencies to ensure equitable representation based on population changes.
• Article 82 of the Constitution mandates Parliament to enact a Delimitation Act after every census for Lok Sabha seats, while Article 170 applies to State Legislative Assemblies.
• The Delimitation Commission is an independent, high-powered body appointed by the President, whose orders are final and cannot be challenged in any court.
• The 42nd Constitutional Amendment in 1976 froze the allocation of Lok Sabha seats based on the 1971 census, a freeze extended until after 2026 by the 84th Amendment in 2001. This was done to avoid penalizing states that successfully implemented family planning policies.
• The current secrecy surrounding the government's delimitation proposals and the lack of prior deliberation are causing significant concern among stakeholders.
• An all-party meeting and feedback from all stakeholders are suggested as crucial steps to build consensus and ensure the legitimacy of the delimitation process.

Key Concepts Involved:

• Foreign Contribution (Regulation) Act (FCRA): An Act of the Parliament of India that regulates the acceptance and utilization of foreign contributions or hospitality by individuals, associations, or companies.
• Delimitation: The process of redrawing the boundaries of electoral constituencies to ensure that each constituency has roughly the same population, thereby ensuring equal representation.
• Delimitation Commission: A statutory body constituted by the Government of India to carry out the process of delimitation for Lok Sabha and State Legislative Assembly constituencies.
• Lok Sabha: The lower house of the Parliament of India, whose members are directly elected by the people through general elections.