Supreme Court asks Centre, Election Commission on the prospect of conducting delimitation in Arunachal Pradesh

Supreme Court 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.

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.

“It does not appear the Election Commission requires the authorisation of the Government of India,” Chief Justice of India D. Y. Chandrachud addressed Solicitor General Tushar Mehta, for the Centre.

Unlike other States, the ECI, and not the Delimitation Commission, have to conduct the delimitation exercise in these four States.

The CJI’s prima facie was based on a reading of Section 8A of The Representation of the People Act, 1950. The provision 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.

Senior advocate Gopal Sankaranarayanan, for the petitioners seeking delimitation, said the President had rescinded the deferment order way back in February 2020.