The Supreme Court raised concerns over the delay in carrying out the delimitation exercise in Arunachal Pradesh, Nagaland, Manipur and Assam, despite a 2020 presidential order rescinding the deferment of the process.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar said that once the President rescinds the notification, that is enough to proceed with the delimitation exercise. 

What is the case about?

• A plea seeks immediate implementation of the delimitation exercise in northeastern states.

• The petition cited the presidential order of February 28, 2020, which allowed delimitation in the four northeastern states, along with the Union Territory of Jammu & Kashmir.

• The petitioner pointed out that two years have passed since the writ petition was filed, yet no concrete steps have been taken to initiate delimitation in Arunachal Pradesh, Nagaland, and Manipur. He added that Assam alone has seen progress, with delimitation completed in August 2023 following an order from the Ministry of Law and Justice.

• The Election Commission (EC) maintained that specific directions from the central government are required to begin delimitation under Section 8A of the Representation of the People Act, 1950.

• The bench asked Additional Solicitor General K.M. Natraj, appearing for the Centre, to take instructions on the future course of action on the matter.

• The Additional Solicitor General said while consultations are underway for Arunachal Pradesh and Nagaland, the ongoing violence in Manipur makes the situation there unconducive.

• The hearing on the plea was then deferred till January 2025.

What is delimitation?

• Delimitation means the process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body. 

• The job of delimitation is assigned to a high power body. Such a body is known as Delimitation Commission or a Boundary Commission.

• Delimitation Commission Under Article 82 of the Constitution, the Parliament by law enacts a Delimitation Act after every census.

Delimitation Commissions constituted in the past:

i) In 1952 under the Delimitation Commission Act, 1952

ii) In 1963 under Delimitation Commission Act, 1962

iii) In 1973 under Delimitation Act, 1972

iv) In 2002 under Delimitation Act, 2002.

• In May 2022, the Delimitation Commission on Jammu & Kashmir headed by former Supreme Court judge (retd) Ranjana Prakash Desai notified its final report.

• The Delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court. 

• These orders come into force on a date to be specified by the President of India on this behalf. The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.

• The state governments have no role in redesigning the borders of constituencies.

• The present delimitation of constituencies has been done on the basis of 2001 Census figures under the provisions of Delimitation Act, 2002. The Constitution was specifically amended in 2002 not to have delimitation of constituencies till the first census after 2026. Thus, the present constituencies carved out on the basis of 2001 Census shall continue to be in operation till the first census after 2026.

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