Section 8A in the Representation of the People Act, 1950
The Delimitation of Parliamentary and Assembly Constituencies in the States of Arunachal Pradesh, Assam, Manipur, and Nagaland is a process that determines the boundaries of the constituencies for the purpose of elections to the Parliament and the State Legislative Assemblies in these states. The Delimitation Act, 2002 (33 of 2002) provides for the conduct of delimitation exercise in these states by the Election Commission of India (ECI).
Rescission of Deferment Order
The President of India has the power to rescind the deferment order issued under the provisions of section 10A of the Delimitation Act, 2002 in relation to these states if he is satisfied that the situation and conditions in these states are conducive for the conduct of delimitation exercise. This means that the delimitation process can be initiated only when the President gives his approval for it.
Determination of Parliamentary Constituencies
As soon as the deferment order in respect of a state is rescinded, the ECI may determine the parliamentary constituencies into which the state shall be divided, the extent of each constituency, and the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes. The ECI is required to have regard to the provisions of the Constitution and the principles specified in clauses (c) and (d) of sub-section (1) of section 9 of the Delimitation Act, 2002 while determining the parliamentary constituencies.
Determination of Assembly Constituencies
The ECI may also determine the assembly constituencies into which the state shall be divided for the purpose of elections to the Legislative Assembly, the extent of each constituency, and the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.
Publication of Proposals and Consideration of Objections and Suggestions
The ECI is required to publish its proposals with respect to the delimitation of parliamentary and assembly constituencies in the states of Arunachal Pradesh, Assam, Manipur, and Nagaland in the Official Gazette and also in such other manner as it thinks fit. The ECI must specify a date on or after which the proposals will be further considered by it and consider all objections and suggestions received before that date. The ECI may hold one or more public sittings at such place or places in the state for the purpose of considering the objections and suggestions.
Final Determination of Delimitation of Constituencies
After considering all objections and suggestions, the ECI will determine, by order, the delimitation of parliamentary and assembly constituencies in the state and also the constituency or constituencies in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes. The order will be published in the Official Gazette and will have the force of law and shall not be called into question in any court. The Delimitation of Parliamentary and Assembly Constituencies Order, 2008 shall be deemed to have been amended accordingly.
Laying of Orders before Parliament and State Legislative Assemblies
Every order made by the ECI under sub-sections (1) and (2) and clause (e) of sub-section (5) of the Delimitation Act, 2002 shall be laid before each House of Parliament. Similarly, every order made under sub-sections (1) and (3) and clause (e) of sub-section (5) shall be laid before the Legislative Assembly of the state concerned.
Written by princy