Census and Legal Requirements

1. Census and Legal Requirements Muhammad Saeed (Ex-Census Commissioner)

2. Introduction • Information on population size and its distribution by different characteristics and geographical divisions and localities are a legal requirement of the census because these results are not only used for representation in legislature but also used for making development program aimed at the welfare of the country and its population. • Data on internal and international migration together with fertility and mortality are used to prepare estimated for planning purposes. • Cultural diversity can be measured by language spoken, religion and national/ethnic groups.

3. Importance of Census • Information on population size and its distribution by various characteristics describe the socio-economic and demographic circumstances of a country/area which are essential to formulate and implement policies and development programs. • Population census is the principal source of such data which serve as bench mark to develop polices/programs for the welfare of the country and its population. • Availability of information at the lowest level of Admin units is also valuable for the management and evaluation of development programs like literacy and education, employment and manpower etc.

4. Importance of Census • Housing census provide bench mark housing statistics to formulate housing policies and programs for development of residential housing schemes, industrial areas, etc. • Population and Housing census by providing comparable basic statistics for the country and each Admin unit/locality make an important contribution in overall planning process for national development. • Census is also unique source of data for producing relevant social indicators to monitor the impact of government policies and programs.

5. Legal Requirements of Census • Census data is extensively used for administrative activities by the government to improve and expand certain functions. The most basic administrative uses of census data include:- • Allocation of representation (seats) in the National Assembly among the provinces and two Federal Territories i.e., FATA and Federal Capital. • Demarcation of constituencies both for the National and Provincial Assemblies. • Fixation of provincial quota to all civil posts in the Federal government among the federating units. • Distribution of resources collected by the Federal Government between Federal and Provincial governments through NFC award.

6. Allocation of Representation • Article 51(5) of the constitution states that the seats in the National Assembly shall be allocated to each province, FATA and Federal Capital in accordance with the last preceding census officially published. • Similarly the number of seats in each provincial assembly is fixed in accordance with Article 106 of the constitution. • Population census provide the bases for political representation in the National and Provincial Assemblies.

7. Delimitation of Constitution • Section 9 of the Delimitation of Constituencies Act, 1974 states that all constituencies for general seats are delimited as far as practicable with regard to population in geographically compact areas, existing boundaries of Admin units etc. • A new exercise of delimitation is carried out either when the report of new Population Census become available or if/when the number of seats allocated to each province is changed. • Population Census provide the bases for delimitation by providing data at the lowest level of admin units to ensure homogeneity in the creation of constituencies.

8. Distribution of Financial Resources • Most of taxes collected by the Federal Government are shared by the Federal & Provincial Governments through NFC awards. According to the Constitution, after every five years a National Finance Commission (NFC) is to be appointed to evolve a formula for distribution of taxes collected by the Federal Government between the Federal & Provincial Governments. • The population of each federating unit remains the major factor for distribution of divisible pool. Under the 7th NFC award 82% resources are distributed amongst the federating units on the bases of population. • This legal requirements of census data points to the interest of province as well as certain population groups, particularly the politicians to influence the census operations for over-enumeration of population to gain extra advantage.

9. Legal Requirements of Census & Effects • Due to political and financial linkages there is a tendency in certain groups of population and areas to overstate the population figures, such tendencies have not only yielded erroneous population figures, they have also led to the postponement of the 1991 census. • The distribution of financial resources, the allocation of national assembly seats and fixation of quota in federal services on the basis of population makes it difficult to carry out an accurate census and obtain reliable statistics. • These linkages deprives the nation of reliable population data. Therefore, the Government may consider to de-link the census data from political/economical benefits to save the creditability of census.

10. Recommendations • The 1998 Census was the most supervised census where each civilian enumerator was accompanied by a person from Armed Forces. This helped Census Organization to ensure complete coverage of area and population. There was no major complaint on reliability of census data. • The Government may consider to use the 1998 Census data as the benchmark for the NFC award, allocating of seats in legislatures and job quota in services so that future censuses are not made hostage to these considerations. • It may be noted that India has adopted 1971 Census figures for such purposes for next thirty years which have been extended for another 20 years. • In view of the above facts, a serious thought may be given and the forum may recommend to de-link census data from political/economical benefits or at least freeze with 1998 census for certain period.

11. THANKS