NEW DELHI: The Supreme Court on Tuesday directed the Centre to inform it on the next hearing date why the long-pending delimitation exercises in the states of Nagaland, Arunachal Pradesh and Manipur have yet to be conducted.
A dissatisfied bench of two top court judges, led by the Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar, made it clear that there is a statutory mandate for the exercise.
During the hearing, the apex court recorded that in February 2020, then President Ram Nath Kovind had rescinded an earlier order to defer the delimitation exercise in Nagaland, Arunachal Pradesh, Manipur and Assam. “But what you (Centre) were doing so far? What have you been doing for four years? What have you done to set the ball rolling?” the court asked Additional Solicitor General of India (ASG) KM Nataraj, seeking its status.
The apex court passed these remarks after hearing a public interest litigation (PIL) petition seeking directions to ensure that the delimitation exercise is carried out in the three states. The plea said the process of delimitation for states is a constitutional obligation that has not been met in the four states for the past 51 years.
The apex court also said that this was done after noting that the security conditions in these states had improved. However, steps for delimitation were only taken in Assam.
Questioning the delay committed by the Centre, the apex court asked why similar measures have not been taken for the other three states.
“Once the President rescinds the notification (deferring delimitation), it is enough,” Justice Kumar noted.
On being questioned, ASG Nataraj tried to explain that the situation in the northeastern states is sensitive, with locals in Arunachal allegedly opposing the delimitation process.
At the end of the hearing, the top court sought responses from the Central government, the Election Commission of India and the states of Assam, Manipur, Nagaland and Arunachal Pradesh in July 2022, and fixed the matter for further hearing in January 2025, when the ASG had to take instructions from the Centre and inform it about the status of it.
“Take instructions. Exercise has to be done. It is a statutory mandate. If 12A (Delimitation Act) is not re-notified, then you are in difficulty,” the apex court said.
Notably, Section 8A of the Representation of the People Act, 1950 provides for the delimitation of parliamentary and assembly constituencies in Arunachal Pradesh, Assam, Manipur or Nagaland.
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