Section 12: Section 12 – Power to Alter or Amend Orders Delimiting Constituencies

Overview

Section 12 of the Representation of the People Act, 1950 deals with the power to make changes to the orders that define the boundaries of parliamentary, state assembly, and local council constituencies. It allows for adjustments to keep these boundaries accurate and up-to-date, ensuring fair representation for all citizens.

Key Provisions

• Power to Alter/Amend: This section grants the authority to modify existing orders that define constituency boundaries. This isn’t about changing the *number* of seats allocated to a state or region (that’s covered elsewhere), but about fine-tuning the lines on the map.
• Constitutional Framework: Any changes made under Section 12 must always stay within the boundaries set by the Indian Constitution and the specific Delimitation Acts passed from time to time.
• Limited Scope: The changes are generally meant to correct errors, reflect changes in administrative areas (like new districts being formed), or make technical adjustments. Major overhauls that significantly alter the overall seat allocation are *not* permitted under this section.

Impact on Voters and Electoral Rolls

Section 12 directly affects voters because it determines which constituency they belong to. When boundaries are adjusted, voters may find themselves in a different constituency, which means a different Member of Parliament (MP) or Member of Legislative Assembly (MLA) representing them. Electoral rolls are updated to reflect these changes, ensuring that voters are registered under the correct constituency. This ensures that every vote counts in the right place.

Practical Examples

• Example 1: A new village is created within the existing boundaries of a parliamentary constituency. Section 12 can be used to formally include this village within the defined area of that constituency, updating the official description.
• Example 2: A minor error is discovered in the original delimitation order – for instance, a road is incorrectly assigned to one constituency instead of another. Section 12 allows for this simple correction to be made without requiring a full-scale delimitation exercise. Imagine a boundary line was drawn slightly off on a map; Section 12 allows that to be corrected.

Related Sections / Rules

Section 12 often works in conjunction with Sections 8 and 9 of the Representation of the People Act, 1950, which deal with the initial delimitation of constituencies. It also relates to the Registration of Electors Rules, 1962, as these rules govern the process of updating electoral rolls to reflect changes in constituency boundaries. The Delimitation Acts themselves (passed periodically) provide the overarching framework.