SC Refuses To Stay Delimitation Exercise In Assam, Seeks Centre's Response On Opposition's Plea

The Supreme Court on Monday (24 July) refused to stay the ongoing delimitation exercise underway in Assam.

However, the apex court agreed to examine the validity of Section 8A of the Representation of People Act and issued notice to the Union and Assam governments on the petitions challenging the same, reports Bar and Bench.

Delimitation is the process of fixing limits or boundaries of territorial constituencies in a country, or any State with a legislative body.

The draft delimitation report was released recently by the Election Commission of India.

This petition also challenged Section 8A of the Representation of People Act, 1950, based on which the ECI claimed to be exercising its power in conducting the delimitation process.

Delimitation used to be a joint effort that also included courts, but the government had handed the power to the Commission in 2008.

The last time the borders of Assam's assembly and parliamentary constituencies were redrawn was in 1976. However, efforts to repeat this process began again in 2005.

Earlier this month, the Election Commission held a three-day session to address objections raised against the first draft of the delimitation exercise, which was initially presented in 2007.

In response to a plea filed by nine opposition parties, the Supreme Court has issued a notice to the Centre, seeking a response to their appeal.

Additionally, the Court has also sought a reply from the Election Commission regarding the challenges raised against the delimitation exercise for Lok Sabha and assembly seats in Assam.

A bench headed by Chief Justice of India D Y Chandrachud and comprising Justices JB Pardiwala and Manoj Misra agreed to review the constitutional validity of Section 8A of the Representation of the People Act, 1950.

This section grants the Election Commission the authority to carry out the delimitation of constituencies.

"At this stage when delimitation has commenced having due regard to issuance of the draft proposal on June 2023, it would not be proper to interdict the process at this stage. Hence while reserving the constitutional challenge, we are not issuing any orders restraining the Election Commission to take any further steps", the top court stated in its order, Bar and Bench reported.

The plea was filed in the Supreme Court by ten leaders representing nine opposition parties in Assam. These parties include the Congress, Raijor Dal, Assam Jatiya Parishad, CPI(M), CPI, TMC, NCP, RJD, and Anchalik Gana Morcha.

The plea challenges the ongoing delimitation process in Assam.

The Supreme Court currently has two other pending pleas related to the delimitation process.