Recently, the Supreme Court has upheld its power to review Delimitation Commission orders if they are deemed clearly arbitrary or in violation of constitutional principles.
- Earlier Gujarat HC had dismissed a petition challenging delimitation exercise, taking note of Article 329(a) of Constitution, which bars interference by Court in electoral matters.
Supreme Court Observation
- Hearing appeal to Gujarat HC decision: The Court was hearing an appeal challenging the Gujarat High Court’s decision that dismissed a Writ Petition which contested the delimitation exercise that resulted in reserving the Bardoli Legislative Assembly Constituency in Gujarat for the Scheduled Caste community.
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Judicial Review
- About: It refers to the power of the judiciary to examine the constitutionality of the legislative enactments and executive orders at the central and state levels.
- If they are found violative of the constitutional provisions then they can be declared as illegal, unconstitutional and invalid by the courts.
- Article 32 and 226: Article 226 is enshrined under Part V of the Constitution which puts power in the hands of the High Court to issue the writs whereas Article 32 confers the Supreme Court with the exclusive authority to enforce fundamental rights across the country.
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- Supreme Court set aside HC decision: In Kishorchandra Chhanganlal Rathod case Supreme Court does not approve the High Court’s view that orders of delimitation of constituencies are entirely insusceptible to judicial review under Article 226 of the Constitution.
- Supreme Court Observation: Article 329 undeniably restricts the scope of judicial scrutiny but it cannot be construed to have imposed for every action of delimitation exercise.
- If judicial intervention in any law relating to the delimitation of constituencies is completely barred, citizens would not have any forum to plead their grievances and would be left solely at the mercy of the Delimitation Commission.
- No Bar on Judicial Review Powers: There is nothing that precludes the Courts from checking the validity of orders passed by the Delimitation Commission on the touchstone of the Constitution.
- If the order is found to be manifestly arbitrary and irreconcilable to the constitutional values, the Court can grant the appropriate remedy to rectify the situation.
About Article 329
- Enshrined in Part XV of the Constitution (Articles 324-329 specifically discuss elections).
- Article 329, which has two clauses, concerns itself with the role of the judiciary in electoral matters.
- Article 329 (a) says the “Judiciary is not allowed to challenge the constitutionality of laws relating to the boundaries of electoral districts or the allocation of seats”.
- Article 329 (b) says that “Any challenges to the conduct or results of elections to the Houses of Parliament or state legislatures must be made through a designated legal process that is referred to as an “election petition”.
- The 19th Amendment Act of 1966 refined clause (b) of Article 329, stipulating that election-related inquiries are exclusively addressed through election petitions presented to the authority designated by that law.
- The Representation of the People Act, 1951, furthers this clause as it empowers the high courts to hear and decide election petitions.
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About Delimitation of Constituencies
- Delimitation of Constituencies: It means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body.
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Constitutional Requirement of Delimitation Commission
- Article 82 mandates the parliament that after every census there should be enactment & Constitution of Delimitation Act & Delimitation Commission.
- Article 170 provides for the division of territorial constituencies of states after every census.
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- The job of delimitation is assigned to a body- known as Delimitation Commission or a Boundary Commission.
- Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.
- The 87th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of 2001 census
Delimitation Commission & Its Composition
- The Delimitation Commission is assigned with the responsibility of delineating and revising the boundaries of various constituencies for state assembly and Lok Sabha elections.
- Appointment : By the President of India & works in collaboration with the Election Commission of India.
- Members : A retired Supreme Court Judge (chairperson), Chief Election Commissioner & Respective State Election Commissioners.
- Orders : Its orders have the force of law. Its orders are laid before the Lok Sabha and the concerned legislative assemblies but no modifications are permissible therein by them.
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Significance of Periodical Delimitation Exercise
- Maintain Proportional Representation:
- Adjustment of boundaries (utilizing data from the most recent Census) to maintain equal population distribution across all constituencies within the State/Union Territory.
- Balanced Electoral Landscape : It guarantees an equitable allocation of territorial divisions to ensure that all political parties or candidates in the elections.
- Adequate Representation : For Reserved Seats for SCs & STs.
- One Vote One Value Principle
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August 9, 2024
