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