SC seeks Centre, EC response on delimitation

Subject : Polity

Concept :

The Supreme Court on July 11 prima facie disagreed with the legal stand of the Election Commission of India (ECI) that it can only begin the delimitation process in Manipur, Assam, Nagaland and Arunachal Pradesh after only getting an authorisation from the Centre.

Background:

In pursuance to the request received from Ministry of Law & Justice, Government of India, Election Commission of India decided to initiate the delimitation exercise of Assembly and Parliamentary Constituencies in the State of Assam as per Section 8A of the Representation of the People Act, 1950.
Unlike other States, the ECI, and not the Delimitation Commission, have to conduct the delimitation exercise in these four States.
In the latest hearing, the SC observed that the Election Commission of India did not require the authorisation of the Government of India to conduct the exercise of delimitation.

Delimitation in NE States

Section 8A of The Representation of the People Act, 1950 deals with the delimitation of Parliamentary and Assembly Constituencies in the States of Arunachal Pradesh, Assam, Manipur or Nagaland.
Section 8A(1) says that, subject to being satisfied that the conditions were conducive, the President can rescind the deferment of the delimitation exercise in the four States and provide for the conduct of delimitation exercise by the Election Commission.
Section 8A(2) provides that the Election Commission has to start the delimitation process to determine Parliamentary and Assembly constituencies in the four States as soon as the President rescinds the order.
Within the Constitutional Provisions and RPA 1950, there is no such mandate to take authorization of centre before starting a delimitation exercise.

Provisions supporting Delimitation:

As mandated under Article 170 of the Constitution, census figures (2001) shall be used for the purpose of readjustment of Parliamentary and Assembly Constituencies in the State.
Reservation of seats for the Scheduled Castes and Scheduled Tribes will be provided as per Articles 330 & 332 of the Constitution of India.

For further notes on Delimitation, refer – https://optimizeias.com/delimitation-3/