Editorials/Opinions Analysis For UPSC 20 March 2025

Content:

1. A delimitation red flag — the lessons from J&K, Assam
2. Telecom tribunal reforms to handle data protection pleas

A delimitation red flag — the lessons from J&K, Assam

Context :

• Delimitation is the process of redrawing boundaries of electoral constituencies based on changes in population.
• The upcoming 2026 Delimitation Commission is expected to redistribute parliamentary and assembly seats, potentially shifting political power towards more populous states.
• Concerns arise regarding population-based seat allocation, as southern states argue that it penalizes them for successful population control measures.

Relevance : GS 2(Polity ,Governance, Federalism)

Practice Question : Delimitation is a crucial exercise in ensuring fair political representation, but it also carries risks of demographic and communal manipulation. Analyze the recent delimitation exercises in Jammu & Kashmir and Assam, highlighting the challenges they pose for the upcoming 2026 delimitation process. Suggest measures to uphold the principles of federalism and electoral integrity. (250 words)

Democratic and Federal Concerns

• Freezing Parliamentary Seats but Expanding Assembly Seats
  • Suggested as a middle ground to maintain democratic representation while addressing state-level governance needs.
  • MLAs serve as the first point of contact for citizens, while MPs represent national interests.

• Rajya Sabha Redistribution Proposal
  • Equal distribution of Rajya Sabha seats among the five geographic zones to balance power between high and low-population states.
  • Existing Zonal Councils and the Inter-State Council could be revived to strengthen federal coordination.

Case Study: Jammu & Kashmir Delimitation (2022)

• Disproportionate Seat Allocation
  • Jammu gained six new seats, while only one was added to the Valley, despite population differences.
  • This resulted in a vote weight of 1.2 for Jammu against 1 for the Valley, skewing representation.

• Geographical and Administrative Challenges
  • The merger of Jammu’s Poonch and Rajouri with Kashmir’s Anantnag Lok Sabha seat defied topographical and administrative logic.
  • These regions belong to separate ecological and cultural zones—Pir Panjal (Jammu) and Jhelum Valley (Kashmir).

• Communal Redrawing of Constituencies
  • Several newly created constituencies, such as Jasrota, Ramgarh, Ramnagar, and Vaishno Devi, have undergone demographic shifts due to restructuring.
  • Kishtwar constituency was restructured by merging areas from Inderwal, altering its voter composition.
  • Significant variations in electorate sizes exist, with some constituencies having around 50,000 voters while others have up to 1.92 lakh voters, raising concerns about voter parity and representation balance.

 Case Study: Assam Delimitation (2023)

• Preemptive District Mergers in Assam
  • The Assam government merged four districts before delimitation, reducing the total number from 35 to 31.
  • This restructuring led to the removal or reconfiguration of multiple constituencies, including South Salmara, Barpeta, and Karimganj.

Broader Implications for the 2026 Delimitation

Challenges in Electoral Demarcation

• Recent experiences in Jammu & Kashmir and Assam indicate that delimitation can significantly impact political representation.
• Ensuring balanced constituency formation is critical to preventing regional and demographic disparities.

Electoral Representation and Federal Balance

• Redrawing of constituencies has led to shifts in voting patterns, raising concerns about political polarization.
• Delimitation based purely on population figures may reduce the relative influence of southern and developed states, impacting federal representation.
• Maintaining a balance in representation is essential to uphold the principles of pluralism and cooperative federalism.

Ensuring Fair and Transparent Delimitation

1. Independent and Transparent Process
   1. Establishing non-partisan, scientifically driven criteria for constituency boundaries.
   1. Enhancing institutional autonomy in the delimitation exercise.

• Strengthening Federal Mechanisms
  • Reviving the Inter-State Council and Zonal Councils to address regional concerns.
  • Avoiding central overreach in electoral mapping.

• Balanced Representation Framework
  • Freezing the total number of Lok Sabha seats while expanding State Assemblies to accommodate demographic shifts.
  • Redistributing Rajya Sabha seats to ensure equitable regional representation.

• Upholding Electoral Integrity
  • Preventing gerrymandering to ensure fair representation for all communities.
  • Ensuring equal electorate sizes across constituencies to uphold the principle of “one person, one vote.”

Telecom tribunal reforms to handle data protection pleas

Background and Context

• The Digital Personal Data Protection Act, 2023 (DPDP Act) aims to regulate the processing of personal data in India.
• The Ministry of Electronics and Information Technology (MeitY) released draft Digital Personal Data Protection Rules, 2025.
• The Data Protection Board (DPB) is the designated adjudicatory body for data protection violations, with appeals directed to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

Relevance : GS 2(Tribunals ,Governance, Data Protection)

Practice Question : Critically analyze the feasibility of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) as an appellate body for data protection disputes. Suggest reforms to enhance its efficiency and accountability. (15 marks)

Concerns with the Current Tribunal System

• Lack of independence: The executive has control over appointments to the DPB, raising concerns over separation of powers.
• Questionable feasibility: The TDSAT, traditionally handling telecom disputes, may lack the expertise and capacity to handle data protection cases.

Required Reforms for TDSAT to Handle Data Protection Appeals

A. Appointment of a Technical Member with Data Protection Expertise

• Current Structure:
  • As per Section 14C of the Telecom Regulatory Authority of India (TRAI) Act, 1997, a TDSAT member must have expertise in technology, telecom, industry, commerce, or administration.

• Challenges:
  • Data protection involves legal principles of consent, storage, processing, and privacy, distinct from telecom regulations.
  • Telecom laws focus on infrastructure, spectrum allocation, and service providers, whereas data protection concerns individual rights and privacy safeguards.

• Solution:
  • Amend Section 14C of the TRAI Act to mandate a technical member specializing in data protection and privacy laws.

B. Addressing TDSAT’s Case Burden and Capacity Constraints

• Rising Caseload:
  • 3,448 pending cases (Feb 2020–Feb 2025).
  • The newly enacted Telecommunications Act, 2023 will further increase workload.
  • Appeals under DPDP Act must be disposed of within six months, which may be less realistic given current case backlogs.

• Structural Issues:
  • Only one technical member (no judicial member) on the bench in January 2025, violating Supreme Court guidelines on tribunal composition.

• Solutions:
  • Increased budgetary allocation to expand the number of benches and recruit judicial members.
  • Setting up dedicated benches for data protection cases to avoid further backlog.

C. Upgrading Digital Infrastructure for Efficient Case Management

• Existing Issues:
  • The TDSAT website is not user-friendly, affecting accessibility and digital filing efficiency.
  • Digital filing of appeals is mandated, but current technological infrastructure is inadequate.

• Solution:
  • Upgrade TDSAT’s digital platform to improve ease of access, track case status, and enable real-time updates.
  • The Legal Cases Management System implemented by TRAI (2023) must be assessed for effectiveness and improved accordingly.

D. Ensuring Transparency and Accountability

• Lack of reporting on TDSAT’s case disposal rates raises concerns about efficiency.
• Solution:
  • TDSAT should publish annual reports with:
    • Number of data protection appeals filed, resolved, and pending.
    • Average disposal time for cases.
    • Key legal issues addressed in appeals.

Conclusion

• TDSAT needs institutional, structural, and technological reforms to effectively function as the appellate body for data protection cases.
• The reforms must ensure expertise, efficiency, digital readiness, and transparency to uphold the rule of law and individual privacy rights.