New Delhi: The Supreme Court on Monday declined to stay the delimitation process for assembly and parliamentary constituencies in Assam, initiated through the Election Commission and sought the response of the Centre and the poll panel on a batch of pleas on the issue.
Ten opposition leaders from Assam belonging to nine different political parties had moved the apex court challenging the draft proposal of the Election Commission of India (ECI) for the delimitation of Assam’s 126 assembly constituencies and 14 Lok Sabha constituencies.
A bench headed by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra said, "At this stage when delimitation has commenced having due regard to the issuance of the draft proposal in June 2023, it would not be proper to interdict the process....”
The bench, however, agreed to examine the constitutional validity of Section 8A of the Representation of the People Act, 1950 empowering the Election Commission to undertake the delimitation of constituencies. The top court sought the replies of the Centre and the Election Commission on the petitions in three weeks and said the petitioners can file their rejoinders in two weeks after that.
The apex court noted that the President had deferred the delimitation exercise in Assam, however in February 2020, the law ministry issued a notification that since the situation was normal, the President had rescinded the earlier notification. The bench said section 8A makes a special provision for four states and in the case of these states, upon rescinding the deferment order, the delimitation exercise is carried out by the election commission.
The petitioners had also challenged Section 8A of the Representation of People Act, 1950, which has been taken recourse to by the Election Commission in exercising its power in conducting the delimitation process. Section 8A of the RPA, 1950 contains specific provisions for the delimitation of parliamentary and assembly constituencies in Manipur, Arunachal, Assam and Nagaland.
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The top court noted that if the President feels that the situation in these states is conducive for the delimitation exercise then the deferment order passed in Delimitation Act may be rescinded so that the process could be carried out. It noted that subsections contain the norms which are to be followed by the poll panel in carrying out the delimitation exercise.
The top court noted that a plea has also been moved to challenge the constitutional validity of section 8A and the process followed therein and said that the constitutional challenge before the apex court merits scrutiny and issued notice. "The reply should be filed in three weeks and let rejoinder be filed in 2 weeks thereafter," the bench said. “We will list this immediately after the Delhi services ordinance case," the Chief Justice said.
The petitioners had challenged the methodology adopted by the Election Commission by taking different average assembly sizes for different districts and states and said that population density or population has no role to play in the process of delimitation. The petitioners belonged to Indian National Congress, Trinamool Congress, Nationalist Congress Party, Rashtriya Janata Dal, CPI, CPM, Assam Jatiya Parishad, Raijor Dal, and Anchalik Gana Morcha
The petitioners argued that the entire exercise by the poll panel for readjusting the extent of 126 assembly and 14 Lok Sabha constituencies in Assam is arbitrary and opaque apart from being discriminatory to Assam. On June 20, the Election Commission issued a draft order on readjusting the extent of 126 assembly and 14 Lok Sabha constituencies in Assam.
