Article 387 of the Indian Constitution: Special Provision as to Determination of Population for the Purposes of Certain Elections (Omitted)

12/21/20233 min read

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Introduction

The Indian Constitution is a comprehensive document that lays down the framework for governance in India. It consists of various articles that cover different aspects of the functioning of the government and the rights and responsibilities of its citizens. One such article that has been omitted is Article 387, which dealt with the special provision for the determination of population for certain elections. In this article, we will explore the details of Article 387 and the reasons behind its omission.

Article 387: Understanding the Provision

Article 387 of the Indian Constitution was initially included to provide a special provision for the determination of population for the purposes of certain elections. The article aimed to ensure fair representation and equal participation in the electoral process by taking into account the population distribution of different regions.

The provision stated that for the purpose of determining the population, the President of India may, by order, specify the manner in which the population of any area or areas in a state or union territory is to be determined. This provision allowed for the consideration of various factors such as geographical conditions, economic disparities, and social factors while determining the population for electoral purposes.

Reasons for Omission

The omission of Article 387 from the Indian Constitution was a result of the evolving political landscape and the changing needs of the country. The provision, which aimed to ensure fair representation, was seen as outdated and no longer necessary in the modern context.

One of the main reasons behind the omission was the introduction of the Delimitation Commission. The Delimitation Commission is a constitutional body responsible for the readjustment of electoral boundaries and the determination of the number of seats to be reserved for Scheduled Castes and Scheduled Tribes in the Lok Sabha and state legislative assemblies. The functions of the Delimitation Commission made the provisions of Article 387 redundant.

Additionally, the omission of Article 387 was also influenced by the changing demographics and population dynamics in the country. The original provision was based on the assumption that population distribution would remain relatively stable over time. However, with rapid urbanization, migration, and changing socio-economic conditions, the population distribution has become more dynamic and difficult to accurately determine for electoral purposes.

Impact of Omission

The omission of Article 387 has had several implications on the electoral process in India. One of the key impacts is the reliance on the Delimitation Commission for the determination of electoral boundaries and reserved seats for marginalized communities. This has helped ensure more equitable representation and greater inclusivity in the political system.

Furthermore, the omission of Article 387 has also allowed for a more flexible approach in adapting to changing population dynamics. The Delimitation Commission can now consider various factors such as population growth, urbanization, and migration patterns while redrawing electoral boundaries. This enables a more accurate reflection of the demographic realities and ensures that the electoral process remains fair and representative.

However, it is important to note that the omission of Article 387 does not mean that the population is completely disregarded in the electoral process. Population data continues to play a crucial role in determining the number of seats allocated to each state and union territory in the Lok Sabha and state legislative assemblies. The Census of India, conducted every ten years, provides the necessary data for this purpose.

Conclusion

The omission of Article 387 from the Indian Constitution reflects the evolving nature of the country's electoral process and the need to adapt to changing demographics. While the provision aimed to ensure fair representation, its omission has allowed for a more dynamic and flexible approach in determining electoral boundaries and reserved seats. The Delimitation Commission now plays a crucial role in ensuring equitable representation and inclusivity in the political system. The omission of Article 387 does not diminish the importance of population data, as it continues to be used for the allocation of seats in the Lok Sabha and state legislative assemblies. Overall, the omission of Article 387 is a reflection of the Indian Constitution's ability to adapt and evolve with the changing needs of the nation.