The Supreme Court to examine the constitutional validity of Section 8A of the Representation of the People Act, 1950

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Section 8A of the Representation of the People Act, 1950 empowers the Election Commission to undertake delimitation of constituencies.

Section 8A of the Representation of the People Act, 1950 enables the Elections Commission of India to undertake delimitation of constituencies of Arunachal Pradesh, Assam, Manipur or Nagaland.

Section 10A of THE DELIMITATION ACT, 2002 enables President to defer delimitation of constituencies of Arunachal Pradesh, Assam, Manipur or Nagaland on the grounds of "situation has arisen whereby the unity and integrity of India is threatened or there is a serious threat to the peace and public order, he may, by order, defer the delimitation exercise in a State".

Section 8A of the Representation of the People Act, 1950  enables President to issues the order which rescind the deferment order issued under the provisions of section 10A of the Delimitation Act, 2002 (33 of 2002) in relation to that State, and provide for the conduct of delimitation exercise in the State by the Election Commission. This means President can issue the order to cancel the order which defers delimitation of constituencies of Arunachal Pradesh, Assam, Manipur or Nagaland on the grounds mentioned above. 

Delimitation Of Assembly And Parliamentary Constituencies:

Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body. The job of delimitation is assigned to a high power body. Such a body is known as Delimitation Commission or a Boundary Commission. 

In India, such Delimitation Commissions have been constituted 4 times – in 1952 under the Delimitation Commission Act, 1952, in 1963 under Delimitation Commission Act, 1962, in 1973 under Delimitation Act, 1972 and in 2002 under Delimitation Act, 2002. 

The Delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court. These orders come into force on a date to be specified by the President of India in this behalf. The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.

Composition of Delimitation Commission as per THE DELIMITATION ACT, 2002:

Delimitation Commission which shall consist of three members as follows:— 

(a) one member, who shall be a person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government who shall be the Chairperson of the Commission; 

(b) the Chief Election Commissioner or an Election Commissioner nominated by the Chief Election Commissioner, ex officio: 

Provided that after the nomination of an Election Commissioner as a member under this clause, no further nomination under this clause shall be made except to fill the casual vacancy of such member under section 6; and 

(c) the State Election Commissioner of concerned State, ex officio. 

[Explanation.—For the purposes of clause (c), the State Election Commissioner of concerned State,— (i) in respect of the duties of the Commission relating to a State (other than the States of Meghalaya, Mizoram and Nagaland), means the State Election Commissioner appointed by the Governor of that State under clause (1) of article 243K; and 

(ii) in respect of the duties of the Commission relating to the State of Meghalaya or the State of Mizoram or the State of Nagaland, as the case may be, means a person nominated by the Governor of that State under clause (1) for such purposes]. 

The Commission shall also associate in its work, in respect of each State, five members of Lok Sabha elected from that State (or all such members if their number is less than five) and five members of the State Legislative Assembly. These Associate Members shall be nominated by the Hon’ble Speakers of the Lok Sabha and State Legislative Assemblies concerned. But these Associate Members shall have no voting right. 

  1. Time of India
  2. THE DELIMITATION ACT, 2002
  3. THE REPRESENTATION OF THE PEOPLE ACT, 1950
  4. About Delimitation
  5. DELIMITATION OF ASSEMBLY AND PARLIAMENTARY CONSTITUENCIES


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