Supreme Court Upholds Delimitation Exercise in Assam, Notices Constitutional Challenge

In a significant ruling, the Supreme Court of India has upheld the ongoing delimitation exercise in the State of Assam. The judgment came in response to Writ Petition(s)(Civil) No(s). 51/2023 filed by petitioner Hiren Gohain against Union of India & others, challenging the constitutional validity of Section 8A of the Representation of the People Act 1950.

The court took cognizance of the petitioner’s arguments, which included concerns over the political inclusivity of the delimitation process. The petitioner contended that the Election Commission’s involvement in the delimitation exercise, as per Section 8A, dilutes the role of political representatives in the process, violating cardinal principles of democracy.

In response to the petitioner’s claims, the Supreme Court issued a notice on the constitutional challenge and directed counter-affidavits to be filed within three weeks, followed by rejoinders within two weeks. The court has reserved the constitutional challenge for further deliberation.

Addressing the process of rescission of the deferment order, the court noted that the President, through a notification issued by the Union Ministry of Law and Justice, allowed the readjustment of Assam’s constituencies in accordance with the Delimitation Act 2002. However, the petitioner argued that the Election Commission’s actions were not in line with the terms of the rescission.

The court also examined the constitutional norms outlined in Article 170(2) and Article 81(2) of the Constitution, which stipulate that each State shall be divided into territorial constituencies with a ratio between population and seats. The petitioner alleged that the draft proposal published by the Election Commission did not adhere to these constitutional norms.

While the constitutional challenge remains under consideration, the court declined to interdict the ongoing delimitation process. The Election Commission had commenced the process following the rescission of the deferment order, and the court deemed it inappropriate to halt the process at this stage.

The case is now listed for further hearings in the first week of October 2023. This landmark judgment has implications for the delimitation exercise in Assam and highlights the balance between political representation and administrative mechanisms in the delimitation process.

Date.24.july.2023

HIRENDRANATH GOHAIN   vs  UNION OF INDIA & ORS.