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By:

Quaid Najmi

4 January 2025 at 3:26:24 pm

Plea in HC for fresh polls, new body

Dr. Rumi F. Beramji Mumbai : A senior medical practitioner has knocked on the doors of the Bombay High Court, alleging serious irregularities in the functioning of the Maharashtra Council of Acupuncture (MCA) and challenging the continuation of its current Administrator.   In a petition filed through Advocate Sharad V. Natu, Dr. Laxman Bhimrao Sawant has termed the appointment and prolonged tenure of former MCA Chairman as “illegal and arbitrary,”  and detrimental to the cause of Acupuncture....

Plea in HC for fresh polls, new body

Dr. Rumi F. Beramji Mumbai : A senior medical practitioner has knocked on the doors of the Bombay High Court, alleging serious irregularities in the functioning of the Maharashtra Council of Acupuncture (MCA) and challenging the continuation of its current Administrator.   In a petition filed through Advocate Sharad V. Natu, Dr. Laxman Bhimrao Sawant has termed the appointment and prolonged tenure of former MCA Chairman as “illegal and arbitrary,”  and detrimental to the cause of Acupuncture.   Dr. Beramji, who headed the five-member statutory body 's inaugural term (from May 2018 to May 2023), was subsequently appointed as its Administrator after the council’s term expired.   According to Dr. Sawant’s plea, the Administrator’s appointment was initially meant to be a stop-gap arrangement for one year, and it was ‘extended’ later. However, nearly three years later, the position continues without fresh elections being conducted, raising questions over adherence to statutory norms and principles of governance.   Dr. Sawant has further contended that while Dr. Beramji was installed as Administrator, the remaining members of the council were effectively superseded, leaving the regulatory body without its mandated collective structure, and over 6500-members directionless.   The petition claims that the delay in conducting elections was justified on the grounds of an incomplete voter list, but this reason was flimsy considering the extended time lapse.   The petition, likely to come up for hearing on Tuesday (April 21), also levelled serious allegations regarding the manner in which the MCA has been run under the Administrator. It claims decisions have been taken unilaterally, whimsically and without transparency or institutional accountability.   Besides, Dr. Sawant has made allegations of selective targeting of certain members who have attempted to raise valid issues, including the globally-renowned noted acupuncture expert Dr. P. B. Lohiya of Chhatrapati Sambhajinagar.   Adding to the controversy, a former MCA office-bearer has claimed that over the past three years, approvals were granted to more than a dozen acupuncture colleges in undue haste, purportedly in violation of prescribed norms and alleged shady deals.   These institutions, it is claimed, either exist only on paper or lack essential infrastructure, faculty, and facilities. In addition, around two dozen Continuous Acupuncture Education (CAE) centres were also cleared during this period.   In his multiple prayers to the high court, Dr. Sawant has sought quashing Dr. Beramji’s appointment as MCA Administrator and setting aside all policy decisions taken during his tenure in that capacity in the last three years.   The petition also urged the court to direct the state government to conduct elections to elect and reconstitute a new five-member MCA within two months.   Pending this, the plea seeks an order restraining the Administrator from continuing in office or interfering in the functioning of the MCA or the CAEs in the interest of free and fair elections or the cause of Acupuncture.   Sources within the MCA have described the situation as “deeply concerning,” alleging that individuals of international standing, such as Dr. Lohiya - who has treated prominent personalities like Sachin Tendulkar, the late Manoj Kumar, state and central ministers and other public figures - are being unfairly hounded.   The petition has called for a comprehensive review of all decisions taken during the Administrator’s tenure, a financial audit of the MCA’s financial affairs, and an independent probe by the Medical Education & Drugs Department (MEDD) into the approvals granted to the institutions in recent years.   Despite repeated attempts by  ‘ The Perfect Voice’ , top MCA officials like the Administrator or the Registrar Narayan Nawale, were not available for their comments.

Counting Heads, Weighing Power

India’s long-delayed delimitation, now entangled with women’s reservation and an overdue census, risks turning a democratic necessity into a  major political standoff.

The greatest strength of Indian democracy lies in its population and its diversity. Yet, this very strength now raises a fundamental question has political representation kept pace with the country's rapidly growing population? And if not, can we claim to be upholding the spirit of democracy by continuing to defer delimitation? At the heart of this debate lies a complex triangle, women's reservation, the census, and the redrawing of parliamentary constituencies, each being interpreted through competing political lenses. This tension echoes debates from the Constituent Assembly, where leaders of the newly Independent India had grappled with how to balance population-based representation with the federal principle, wary even then of the distortions sheer demographic weight could produce.


Equitable Representation

In 1971, when India’s population stood at just 548 million, the number of Lok Sabha seats was fixed at 543. Following the 1973 delimitation exercise, seats were increased from 522 to 542, and later one additional seat was added for Sikkim, taking the total to 543. At that time, the decision neither triggered controversy nor raised serious questions about the intent of the government. However, today, with India’s population having crossed approximately 1.47 billion, nearly three times what it was in 1971, the number of Lok Sabha seats remains unchanged. This imbalance is not merely statistical but one that strikes at the very principle of equitable representation.


The roots of this freeze lie in the 42nd Constitutional Amendment of 1976, enacted during the Emergency under Indira Gandhi, which sought to incentivise population control by ensuring that states which succeeded in reducing fertility would not be penalised with fewer parliamentary seats.


Even if one considers the 2011 Census as the benchmark, India’s population had already reached 1.21 billion, two and a half times higher than in 1971. Clearly, the gap between population and representation has widened steadily over the decades. In such a scenario, the reorganization of parliamentary constituencies (delimitation) is no longer just an administrative exercise but a democratic necessity. Earlier exercises carried out in 1952, 1963 and 1973 were relatively routine, conducted in a political environment dominated by a single party, the Indian National Congress. That consensus has since fractured in a far more competitive and federalised polity.


Delimitation refers to the process of redrawing electoral boundaries based on population, ensuring that each elected representative speaks for a roughly equal number of citizens. Mandated under Articles 82 and 170 of the Constitution, it is carried out by an independent Delimitation Commission using census data. The Commission is vested with powers akin to a civil court, and its recommendations are final, neither subject to judicial challenge nor open to legislative amendment. The last such commission, constituted in 2002, had operated under a constitutional freeze that prevented any change in the allocation of seats between states, limiting itself instead to intra-state boundary adjustments. It was a compromise that postponed, rather than resolved, the deeper question of representational imbalance.


Political Divide

At the center of the current controversy is women’s reservation. The Nari Shakti Vandan Act provides for 33 percent reservation for women in the Lok Sabha and state assemblies, but its implementation has been linked to a fresh delimitation exercise. This is where the political divide begins. The government argues that reservation must reflect updated demographic realities, while the opposition views the move as an attempt to recalibrate political power under the guise of delimitation. The idea of reserving seats for women is itself decades old, first introduced as a bill in 1996 and repeatedly stalled despite broad support, reflecting entrenched anxieties within political parties about redistributing safe seats and altering internal hierarchies.


Opposition parties contend that delimitation should not proceed until the completion of the upcoming census, particularly a caste-based enumeration. Their argument is that without updated socio-economic data, any redrawing of constituencies could deepen regional and social imbalances. Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, went so far as to express apprehension that the political power of southern and smaller states could be diminished through delimitation. Leaders from states such as Tamil Nadu and Kerala have long argued that their success in lowering fertility rates should not translate into diminished influence in Parliament, reviving an old north-south fault line in Indian federalism.

 

Equally significant is the issue of timing. The Census 2027 process is underway, with final data expected by the end of 2027 and detailed reports by 2028. Delimitation would follow, typically taking 1.5 to 2 years, though historically it has stretched to 3-6 years. By this timeline, implementing women's reservation before the 2029 general elections appears highly unlikely. In such a case, it may be deferred until as late as 2034. This delay mirrors the fate of earlier institutional reforms in India, where procedural sequencing has often served as a de facto veto, allowing governments to claim intent without confronting immediate political costs.


Policy vs Strategy

This is where policy priorities collide with political strategy. The government maintains that delimitation is essential to align representation with population and to implement women's reservation meaningfully. The opposition, however, frames the issue as one of intent, questioning whether the move genuinely aims at women's empowerment or at reshaping electoral arithmetic. For the ruling Bharatiya Janata Party, which draws significant support from populous northern states, the incentives of a fresh delimitation may differ markedly from those of regional parties whose influence is geographically concentrated.


History, too, is being invoked in this debate. The 1973 delimitation was followed by the Emergency in 1975, widely regarded as one of the darkest chapters in Indian democracy. While the contexts are vastly different, the opposition uses this reference to suggest that governments can, at times, use institutional processes like delimitation to consolidate power. Whether this comparison holds is debatable, but it underscores the political sensitivity surrounding delimitation.

 

Notably, there is near-universal agreement among political parties in principle on women's reservation. No party openly opposes it. However, disagreements emerge sharply over the method and timing of its implementation. This paradox reflects a broader trend in Indian politics; consensus on ideals, but discord on execution.

 

The critical question, therefore, is whether these disagreements will cost the country a historic opportunity. Will the aspiration to ensure political representation for half the population remain entangled in procedural delays? Or can a pragmatic middle path be found, one that preserves democratic balance while advancing women's empowerment?

 

Solutions are possible, provided there is political will. One approach could be to delink women's reservation from delimitation and implement it in phases within the existing framework. Another would be to make the census and delimitation processes strictly time-bound and transparent, thereby reducing uncertainty and mistrust.

 

Ultimately, population growth is not merely about numbers, it reflects an expansion of aspirations. If those aspirations are not matched by fair representation, the democratic equilibrium begins to falter. Delimitation is the mechanism to restore that balance, while women's reservation offers a chance to make it more inclusive.

 

What is needed today is for political actors to look beyond immediate gains and losses, and approach the issue from the perspective of long-term national interest. For this is not just about increasing the number of seats in Parliament, it is about shaping the very architecture of India's democratic future.

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