States which failed to implement birth control measures got more seats in Parliament: Madras HC

'Population control cannot be a factor to decide the number of political representatives of the states in the Parliament,' the Bench said

The Madras High Court has come down heavily on the way the political representation of southern states, especially Tamil Nadu and Andhra Pradesh, was reduced in Lok Sabha since 1967 on the basis of their population after both the states “successfully implemented” birth control measures.

On the contrary, northern states that “failed” in controlling population were “benefited” with more political representation in the Parliament, the court noted, adding that the number of Lok Sabha seats should be frozen at the existing numbers, or it should be enhanced to original level – 41 seats in Tamil Nadu as it was in 1962. From 41, TN’s number came down to 39 in 1967.

The politically significant judgement was delivered by a bench of Justices N Kirubakaran, who retired on August 20, and B Pugalendhi in an order passed on August 17 on a petition seeking to de-reserve Tenkasi Lok Sabha seat in Tamil Nadu.

The petition contended that Tenkasi has been a reserved seat for 56 years and it should be made into a general constituency. In the order, the Bench also impleaded political parties like DMK, AIADMK, Congress and BJP, and sought their response on the issue in four weeks.

“Population control cannot be a factor to decide the number of political representatives of the states in the Parliament. Those states which failed to implement the birth control programmes were benefited with more political representatives in the Parliament,” the Bench said, terming as “very unfair” and “unreasonable” reduction of TN’s Lok Sabha seats from 41 to 39.

Justice Kirubakaran, who passed the order, recalled that the A B Vajpayee government losing its majority on the floor of the Lok Sabha by one vote in 1999, driving home their point that every seat counts.

The order assumes significance as it comes amid speculation that the delimitation exercise could witness an increase in the number of Lok Sabha seats from the existing 543 largely benefitting the northern states.

Justices Kirubakaran and Pugalendhi also posed eight questions in their detailed order like why not the Union Government pay Rs 5,600 crore as compensation to Tamil Nadu which lost 28 representatives in the past from 1962 onwards in 14 elections.

The Bench also sought to know why not the Union Government come forward with a proposal that those states which effectively control the population would be given an equal number of seats in Rajya Sabha in lieu of a reduction in the number of Lok Sabha seats.

Though in democracy one person one vote is the basis, the states which could not control population like Uttar Pradesh, Bihar, Rajasthan, and Madhya Pradesh would have more representation in Parliament, whereas the southern states, which controlled population would get lesser number of constituencies, thereby lowering their political power, the bench said.

The distribution of parliamentary constituencies would be based on the future census to be conducted in 2031 which would be a risky and dangerous one, as hitherto it was avoided from 1971 onwards, the bench noted.

“In any event, it is appropriate to the Central Government, maintaining the same number of MPs allotted to each state and in case there is an enhancement of seat in respect of thickly populated states, in the same proportion, the number of seats for the states which have controlled population should also be increased, otherwise the bargaining power of the states which controlled the population will be weakened,” the Bench observed.

“Why not Article 81 of the Constitution be amended to maintain the same number of parliamentary constituencies irrespective of change in the population of respective States?” the Bench asked.

If the notional value of the contribution of the MP to the state as well as Parliament could not be compensated, the state which loses representation in Lok Sabha should be compensated with an increase in representation in Rajya Sabha.

“In that way only, the Union Government could do justice to the States, which successfully implemented the birth control programmes as per the policy of the Central Government,” the Bench noted.