ANALYSIS: PLEA REGARDING DELIMITATION

EXERCISE IN ASSAM

INTRODUCTION

Delimitation means the act or process of fixing limits or the boundaries of territorial
constituencies in a country or province having a legislative body to represent the change in
the population. This process can also change the number of seats allocated to each state in
Lok Sabha and total number of seats in legislative assembly. It intends to divide the
geographical area into equal segments of population to provide fair representation in every
part.

It is exercised after every census by enacting a delimitation act which would in turn form a
delimitation commission, constituting of a retired supreme judge, chief election
commissioner and representative state election commissioners.

The first delimitation was exercised in 1950-51 where the parliament was silent about the
formation of commission. Since independence, there have been four delimitation
commissions constituted under different acts. The commission was formed for the first time
in 1952 and later in 1963, 1973 and 2002.

On 10th July2020, the SC has issued a notice to sought response from Central and Assam
government in pursuance of the petition filed by AIUDF against the constitution of
delimitation commission in the state of Assam, which was resumed after 10 years on
06th March 2020.

The article intends to focus on the scope of forming delimitation commission in State of
Assam and its effect on the citizens of Assam. The article highlights on the plea filed by
AIUDF challenging delimitation exercise in Assam and the notice issued by SC in respect to
it.
 FACTS OF THE ISSUE

 08-02-2008: The delimitation commission, constituted in pursuance of delimitation

Act 2002, deferred the exercise of delimitation in the state of Assam,
under section 10A of Delimitation Act 2002, due to non-conclusion of
NRC and protests.

 28-08-2019: In consequence of widespread opposition, violence, curfew etc in

Assam against the introduction of citizenship amendment bill, 2016;
enactment of CAA, 2019 and national register of citizens, the state was
declared a “disturbed area” under the Armed Forces Act, 1958

 28-02-2020: A presidential order was passed to cancel the order dated on

08-02-2008 and resume the delimitation exercise in Assam.

 06-03-2020: The delimitation commission was formed to exercise delimitation

powers in the UT of Jammu and Kashmir and states of Assam,
Arunachal Pradesh, Manipur and Nagaland.

 16-03-2020: A petition was filed by Advocate Ajit Pravin Wagh on behalf of All
India United Democratic Front (AIUDF) challenging the order dated
28-02-2020.

 10-07-2020: Supreme Court has issued a notice to Central government and Assam
government and sought response from them on the plea filed on
16th March 2020.
 LEGAL PROVISIONS

 Section 3 of Delimitation Act, 2002: Constitution of Delimitation Commission by

Central government.

 Section 10(2) of Delimitation Act, 2002: The order of delimitation commission shall
not be called for judicial review.

 Article 82 of Constitution of India: Confers power in the parliament to enact a

delimitation act after every census.

 Article 170 of Constitution of India: Composition of legislative assemblies.

(division of states into different constituencies)

CRITICAL ANALYSIS

The formation of delimitation commission in the state of Assam has been a subject of
controversy since 2008. The decision of formation of new commission in 2020 has also
raised a lot of questions on the parliament resulting in the AIUDF filing a plea to challenge
the delimitation exercise in Assam. The article intends to analyse on the said petition filed
and the effectiveness of the formation of delimitation commission.

Arbitrary and an untimely decision.

The plea filed against the formation of delimitation commissions states it as an “arbitrary and
a hasty decision”. Ever since the enactment of citizenship amendment act, 2019; there has
been violent protests and opposition in the state effecting the lives of thousands of citizens.
This has also resulted in the state to be declared as a “disturbed area” by the central
government. In these circumstances, the exercise of delimited process would only increase
complications and affect the public order. Further, the outbreak of COVID-19 and the recent
high alert in the state is most likely to result in ineffective working of commission.

Is the delimitation commission formed for achieving political motive?

The presidential order of delimitation exercise has been supported by the current BJP
government claiming it to protect the interests and the political rights of and the indigenous
people for their welfare. On the other hand, it has also met with a lot of rage and opposition
in Assam from the civil society, by various activists as well as the political parties of
Congress and AIUDF claiming it to be uncertain, and unorganised. It has been contended as a
political motive of the government to secure the vote-bank for the 2021 assembly elections by
reconstituting constituencies.

Defeats the purpose of delimitation process?

Delimitation process is exercised with an objective to provide equal representation to the

people and to divide the geographical area with an intention to obtain equal population int the
constituencies. Since the present delimitation exercise in Assam is being conducted according
to the 2001 census which is outdated and doesn’t represent the true figures of population. As
the enactment of Citizenship amendment act, 2019 has resulted in removing citizenship of
various illegal migrants which were covered by the 2001 census, it defeats the very purpose
and objective of delimitation purpose. Since, the 2021 census is likely to happen in less than
6 months, it is not ideal to include 2001 census.

Constitutional rights of the citizens of Assam

Presently, there is a huge question in the citizenship of thousands of people residing in the
state of Assam. The National Register of Citizens has not yet been finalised and in this matter
of state, the delimitation of exercise in Assam would only lead to violence disrupting the
public peace and order in the state. It may also cause alienation of different groups and
violate the article 14, 19 and 21 of the constitution as the people would not have the equal
and fair voting rights and would defeat the principal of “One Vote One Value”.
 CONCLUSION

Through this article, the author concludes that constitution of delimitation commission in the
state of Assam at this time is not the best decision as it would only lead to more
complications and affect the lives of the citizens of Assam. It is ideal to constitute the
delimitation commission on the latest census that will take place in 2021. The exercise of
effective delimitation in the state can happen only after the verification of NRC and after
confirming the constitutional validity of Citizenship Amendment Act, 2019.

ISHITA AGARWAL