SC asks Govt to Set Up Fresh Delimitation Commission

Relevance: Indian Polity, Law, Governance, Constitutional Rights, Fundamental rights, Role of the judiciary, Delimitation Act, 2002, Delimitation Commission, Election Commission

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Primary Source: The Indian Express

Why in the news?

• The Supreme Court of India has directed the central government to establish a new delimitation commission to ensure proportional representation for Scheduled Castes and Scheduled Tribes in the legislative assemblies, specifically addressing the needs of the Limbu and Tamang communities in Sikkim and West Bengal.

Contextual Background

• The court's direction to establish a new delimitation commission was prompted by a plea that the exclusion of SCs and STs from adequate representation in legislative bodies would encroach on a legislative domain reserved for Parliament, which is meant to legislate proportional representation for all communities, including those forming part of the Scheduled Tribes.
• This plea particularly pertained to the Limbu and Tamang tribal communities in the Assemblies of Sikkim and West Bengal.
• Advocate Prashant Bhushan, representing the NGO Public Interest Committee for Scheduling Special Areas (PICSSA), had argued that the increase in the ST population in Sikkim and West Bengal had not been matched by an increase in their representation in the state assemblies, which he claimed violated their constitutional rights.
• The court's directive for a new delimitation commission is an acknowledgment of these concerns and a step towards ensuring that the constitutional provisions for proportional representation are implemented effectively.

What is the Supreme Court's Directive?

• The Supreme Court's directive is for the Centre to establish a fresh delimitation commission.
• The purpose of this commission is to ensure proportional representation for communities designated as Scheduled Castes (SCs) and Scheduled Tribes (STs).
• The directive comes in response to concerns that the current delimitation process does not adequately represent these communities and fails to reflect their growing populations, particularly in the assemblies of Sikkim and West Bengal.
• The Court noted that the exclusion of these communities from proportional representation could be seen as entering into a legislative domain that lacks the reservation, which the Court cannot direct.
• The Court emphasized the necessity for the Centre to exercise its powers under the Delimitation Act, 2002, to readjust the allocation of seats in state assemblies and ensure compliance with Articles 332 and 333 of the Constitution.
• This action is deemed essential to address the proportional representation of Scheduled Tribes, especially in light of the reported increase in their population in the states of Sikkim and West Bengal.
• The directive also clarified that the Court's decision should not interfere with the timing of elections to Parliament or state Assemblies.

What is Delimitation Commission?

• A Delimitation Commission in India is a high-power panel or a committee formed by the Government of India with the purpose of redrawing the boundaries of the various assembly and Lok Sabha constituencies based on a recent census.
• Delimitation is a task carried out under the authority of the Delimitation Commission Act, and the commissions have been set up at different times in India after various censuses to carry out the task of delimitation.
• Composition: It is usually composed of retired or sitting judges of the Supreme Court or High Courts, and sometimes also includes senior officials from the Election Commission of India and the Government of India.
• Objective: The primary goal is to redraw constituency boundaries in a way that each constituency has approximately the same population, subject to the special provisions and exceptions as per the Indian Constitution for Scheduled Castes and Scheduled Tribes.
• Process: The delimitation process involves extensive on-the-ground surveys, detailed data analysis of the population data from the census, and a series of consultations with political entities and public feedback.
• Legal Status: The orders and the final outcome of the Delimitation Commission are binding and cannot be questioned in a court of law. The data and decisions are meant to reflect the demographic changes in the country.
• Periodicity: The exercise of delimitation is carried out periodically, after every Census (every ten years), to reflect the changes in population and other demographic changes.

Conclusion

The Supreme Court clarified that its decision should not impact the scheduling of elections for Parliament or state Assemblies, which must proceed on time. The court's decision underscores the importance of proportional representation and adhering to constitutional mandates for the representation of marginalized communities in legislative bodies.

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FAQs

Question: What is the role of the Delimitation Commission?

Question: Under which law does the Delimitation Commission operate?

Question: When was Delimitation Act 2002 enacted?

MCQs

1. With reference to the Delimitation Commission consider the following statements: (UPSC 2012)
2. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
3. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modification in the orders.

Which of the statements given above is/are correct?

(a)1 only

(b)2 only

(c)Both 1 and 2

(d)Neither 1 nor 2

Answer: (c) See the Explanation