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Daily News Analysis

Explained: Why questions have been raised about the move for delimitation in the Northeast

21st July, 2020 Polity

Context:

  • The Election Commission’s (EC) former legal eagle, SK Mendiratta, has called the Union government’s order setting up a Delimitation Commission for Arunachal Pradesh, Manipur, Assam and Nagaland as unconstitutional.
  • When delimitation took place in 2002-08, these four states were left out.

Reason behind leaving these states:

  • Challenged the 2001 census for reference.
  • NRC was not updated by that time.

Legal Challenges:

  • Violates the Representation of the People Act 1950: Since the RP Act 1950 clearly states that delimitation in the four northeastern states, when held, would fall within the EC’s remit, the Centre should not have notified a separate Delimitation Commission for this purpose.
  • Any delimitation exercise in Arunachal, Manipur, Assam and Nagaland by the new Delimitation Commission would be “declared void by the courts”.
  • Results into huge wastage of resources.
  • In 2008, after the President deferred delimitation in Arunachal Pradesh, Assam, Manipur and Nagaland, the Parliament decided that Election commission would undertake the delimitation exercise.

Changes expected from delimitation exercise:

  • Not in number of seats: There is a freeze until 2026 on the number of Lok Sabha and Assembly seats in any state.
  • Only redraw the boundaries of seats in each state.
  • Rework the number of reserved seats for SCs and STs.

About Delimitation:

What is Delimitation

·       It is an act or process of fixing limits or boundaries of territorial constituencies

Constitutional and Legal Provisions

·       Under Article 82, Parliament enacts a law for delimitation after every census.

·       Under article 170, States are divided into territorial constituencies as per the delimitation act. (Note: State can’t make the delimitation act.)

 

History of Delimitation

·       First delimitation: 1950-51 with the help of election commission

·       First Delimitation act: 1952

·       1981 and 1991 census resulted into no delimitation act.

Delimitation Commission

·       Set up by President of India

·       Works in collaboration with Election commission of India.

Structure of Commission

·       Retired Supreme Court Judge

·       Chief Election Commissioner

·       Respective state election commissioner

Functions of Commission

·       Decide the boundaries of constituencies in such manner to make population nearly equal for all constituencies.

·       Identify seats for SC and ST wherever their population is large.

Powers

·       Its orders have the power of law and can’t be questioned in the court of law.

·       These orders come into force on a date to be specified by the President of India.

·       The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.

Challenges with Delimitation

·       Delimitation is being carried out as per the population of 1971.

·       Capping of Lok Sabha and Raya Sabha seats have left more population being represented by single member.

·       Recently, ex president Pranab Mukherjee highlighted that India needs 1000 parliamentarians for true representation.