New Delhi: The Supreme Court on Tuesday asked the Election Commission of India to inform it about the steps taken in connection with the delimitation exercise in the northeastern states, especially in Arunachal Pradesh and Nagaland, saying that a presidential order of 2020 rescinded the deferment of their delimitation and asked, "since, 2020, what have you been doing?"
The matter came up before a bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar. Additional Solicitor General K M Nataraj, representing the Centre, contended that the government is getting the report and the deliberations are going on and added there are tribal communities in the northeastern states, and the situation is sensitive.
"In 2020, it was rescinded, Mr Nataraj. Since 2020, what have you been doing?," asked the bench. Nataraj said there are subsequent developments in these states and at present, it may not be conducive, and added, "We are in touch with respective state governments and once we get a proper report….our intention is not to defer anything".
The CJI said that is something separate and "you cannot say that it will defer it. Even it is rescinded and that is where the objection is". "Once the rescinding takes place, then you have to do it. Then the Election Commission has to do it," said the CJI.
Pointing at a certain section, the bench said "as soon as may be after the deferment order is rescinded, the Election Commission may by order determine…". "As soon as it is rescinded, you have to at least set the ball rolling. What have you done?," asked Justice Kumar, adding that all the northeastern states cannot be clubbed together.
The bench said the situation in Nagaland is not adverse and also in Arunachal Pradesh there is nothing adverse right now. Nataraj said there are tribal communities who are more agitated by this exercise, citing a report from a state government. Another counsel said the Centre, in its counter affidavit, has not stated any disturbance is concerned regarding Arunachal Pradesh. "Entire northeastern states are so sensitive, we do not want to aggravate the situation," Nataraj pressed.
The CJI told Nataraj to take instructions on the matter as the exercise has to be done. Agreeing on Nataraj's request to seek more time to take instructions in the matter, the bench scheduled it for further hearing in the third week of January 2025.
The apex court was hearing a petition seeking delimitation in four north-eastern states of India, namely, Manipur, Assam, Nagaland, and Arunachal Pradesh.
Section 8A of the Representation of the People Act, 1950 provides for delimitation of parliamentary and assembly constituencies in Arunachal Pradesh, Assam, Manipur or Nagaland.
It states that if the President is satisfied that the conditions prevailing in the aforementioned states are conducive for the conduct of the delimitation exercise, the President may rescind the deferment order issued under the provisions of Section 10A of the Delimitation Act, 2002 in relation to that state, and provide for the conduct of delimitation exercise in the State by the Election Commission.
During the hearing today, a counsel, representing one of the petitioners’, informed the bench that the President in 2020 by an order has rescinded the deferment of delimitation in the four northeastern states. It means that as per the 2020 Presidential order, the exercise of delimitation can be carried out in the states. The counsel questioned, why isn't the delimitation taking place?
The bench was informed that so far, only in Assam, the exercise of delimitation has been done, as per an order passed in August 2023. The apex court was informed that in the case of Assam, the Ministry of Law and Justice made a provision for the process of delimitation specific to Assam, which was then carried out by the Election Commission. The bench asked, "Where does the government come in? Once the President rescinds the notification, that is enough."
It was argued before the bench that against the backdrop of fresh outbreak of violence in Manipur, the situation there does not seem conducive for the exercise. The Centre's counsel said that in the other 3 states consultations are ongoing.
