Decks were cleared in February this year for the resumption of the delimitation exercise in four Northeastern states after the Central Government cancelled its earlier notifications deferring the process
Morung Express News
Dimapur | July 17
Amid opposition to the Centre’s decision on delimitation move from various quarters in Nagaland, former Advisor to the Election Commission of India (ECI) and delimitation expert SK Mendiratta has reportedly written to the Commission calling the Centre’s move to carry out the delimitation exercise in four north-eastern states “unconstitutional” and “illegal.”
While delimitation last took place in the rest of the country in 2002-08, four states in the North-East - Arunachal Pradesh, Manipur, Assam and Nagaland - states had been left out.
The Indian Express on July 17 reported that Mendiratta, who served for about 50 years as a legal advisor to the ECI, had cited in his letter to the three Election Commissioners that the delimitation exercise in the four states would not stand legal scrutiny under Section 8A of the Representation of People Act, 1950.
He argued that the exercise would result in ““wastage of huge precious public funds,” the report said.
The former advisor also pointed out that as per the section 8A, whenever delimitation exercise was to be carried out in these states, it would fall within the remit of the ECI and not the Delimitation Commission, it added.
The report quoting “sources,” said that the EC forwarded Mendiratta’s letter to the Law Ministry about two weeks ago.
Delimitation is the act of redrawing boundaries of Lok Sabha and Assembly seats to represent changes in population and is done on the basis of the preceding Census.
On February 29, decks were cleared for the resumption of the delimitation exercise in four Northeastern states after the Central Government cancelled its earlier notifications deferring the process in these states due to security issues.
The rationale given by the government was that the exercise could be carried out "now" as the previous circumstances cease to exist, IANS news agency then reported, citing an order by issued by the Legislative Department of the Law Ministry.
It said now the President, satisfied that the circumstances that led to the deferring of the delimitation exercise have ceased to exist, "is pleased to rescind the notification ... dated the February 8, 2008…," the report added.
"In India, such Delimitation Commissions have been constituted four 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," it added.
Thereafter, in March, the Delimitation Commission be headed by former Supreme Court judge Ranjana Prakash Desai was constituted.
As per the Express report, Justice Desai is said to have confirmed to the newspaper that “she is aware” of the letter but did not comment on the issue.
It also quoted Election Commissioner Sushil Chandra, who represents the ECI at the Commission as saying the letter “is being considered at the appropriate level.”
It may be mentioned here that the Nagaland State Government also issued a directive on June 4, asking the Deputy Commissioners and the District Election officers, including the ADC & DEO, Pughoboto to prepare fresh statistical data and maps for the purpose of redrawing Parliamentary and Assembly Constituencies.
The order said that Delimitation Commission has started functioning from March 6, 2020, and it also outlined parameters to be adopted and formats to be followed “which is considered proper and convenient for the purpose of describing the extent of Constituencies in the State.
Meanwhile, the Centre’s decision to go ahead with the delimitation exercise with the 2001 data has again, created uproar in various quarters in these states. Going by public statements, various civil society organisations and political parties have already firmed up their stand in support, or against, it.
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