Recalling toppling of Vajpayee-led NDA government, Madras HC asks Centre why not compensate Tamil Nadu for lessening MPs due to reduction in population

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A political representation or a Member of Parliament is very valuable for a State, as evident from how late Atal Bihari Vajpayee-led NDA Government was voted out of power by one vote in 1999.

Recalling the toppling of the Atal Bihari Vajpayee led NDA Government in 1998-99 as confidence motion was defeated by a mere one vote, Madras High Court has recently remarked,

“When one Member of Parliament vote itself was capable of toppling a Government, it is very shocking that Tamil Nadu lost 2 Members of Parliament because of successful implementation of birth control in the State.”

The bench of Justice N. Kirubakaran (since retired) and Justice B. Pugalendhi also enquired from the Centre as to why the Centre should not be directed to pay a notional compensation of ₹5,600 crores to Tamil Nadu for having reduced its population.

The bench noted that Tamil Nadu had 41 representatives in the Lok Sabha until 1962, which was reduced to 39, consequent to a delimitation exercise owing to a reduction in population.

Accordingly, Bench observed that either by way of compensation or by way of additional representation in Rajya Sabha, when existing political representatives were reduced based on population count, the State should be compensated.

“A political representation or a Member of Parliament is very valuable for a State…. Notionally, the contribution of a Member of Parliament in 5 years could be taken at least as Rs.200 crores, though it cannot be determined monetarily,” Bench further added.

However, assessing an estimate, the court said that for every election Tamil Nadu should be compensated with a sum of Rs.400 crores for the reduction of 2 political representatives. That means, for loss of 2 seats in 14 elections, viz., 28 seats, amounts to approximately Rs.5,600 crores should be paid to the State.

The petition before the Bench was seeking conversion of Tenkasi Parliamentary Constituency in Tamil Nadu as General Constituency, for the Upcoming elections. Tenkasi parliamentary constituency is presently reserved only for Scheduled Caste (SC) candidates.

Though the court rejected the plea stating no such direction could be issued since the law does not permit reservation of parliamentary constituencies on rotation, the Bench, however, recommended an amendment for the same.

As the Writ Petition has been filed as Public Interest Litigation, while negativing the prayer sought for, the Court raised certain queries suo motu in the interest of public and called the matter after four weeks.