Delimitation in Arunachal Pradesh, Nagaland: SC gives 2 weeks time to Centre for filing status report

The Supreme Court gave this ruling while hearing a petition filed by the Delimitation Demand Committee

The Supreme Court today gave 2-weeks to the Centre for giving details about the status of its position to conduct Delimitation in the states of Arunachal Pradesh and Nagaland.

Hearing a petition filed by the Delimitation Demand Committee, a bench headed by Chief Justice of India DY Chandrachud said, “The Solicitor General states that the issue of conducting a delimitation exercise for the states of Arunachal Pradesh and Nagaland is under consideration. He seeks some time so as to apprise this Court of the position of the Government in the matter.”

When the Solicitor General was asked as to how much time it would take for filing the submission, Tushar Mehta sought for a 3-weeks time.

To this, CJI Chandrachud said, “We will given them 2 weeks time.”

It may be mentioned, the Supreme Court on July 11 had disagreed with the Election Commission of India (ECI)s stand that the exercise can begin in the 4 states of Manipur, Assam, Nagaland and Arunachal Pradesh only after being authorised by the Centre.

“It does not appear the Election Commission requires the authorisation of the Government of India,” the apex court had said.

The CJI had made this observation on the basis of the a reading of Section 8A of The Representation of the People Act, 1950.

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.

The plea by the Delimitation Demand Committee seeks directions to constitute a Delimitation Commission in terms of the provision under the Delimitation Act, 2002 and Section 8A of the Representation of People (Amendment) Act, 1956.

In the month of February 2022, then President Ram Nath Kovind cancelled an earlier order of the Union government that deferred the delimitation exercise in the northeastern States of Assam, Arunachal Pradesh, Manipur and Nagaland.

On February 8, 2008 the delimitation in Assam, Arunachal Pradesh, Nagaland and Manipur were deferred by four separate presidential orders due to security risks.

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