Tag: Delimitation

11 opposition parties submit memorandum to poll panel against delimitation in Assam

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Guwahati: Eleven opposition parties in Assam, including the Congress, submitted a memorandum to the state’s Chief Electoral Officer (CEO) on Saturday against the delimitation process of Assembly and Lok Sabha constituencies.
They claimed that the issues over which the delimitation exercise was deferred in the state earlier have remained unresolved.
The memorandum stated that the process was undertaken in the country under the Delimitation Act, 2002, on the basis of 2001 census, but it was met with such widespread opposition in Assam that the exercise was deferred.

A detailed order for deferring the exercise in Assam was issued by the president on February 8, 2008, noting a few reasons.
Among those was the likelihood of arousing “the sentiments of the people living in the state of Assam due to their apprehension that the ongoing delimitation in many electoral constituencies may result in breakup of affiliation between publics and its representatives, change of boundaries thereof, which may cause alienation of different groups of tribes”.
Representations seeking to defer the exercise until NRC is finalised, a large number of agitational programmes by ethnic organisations, and the likelihood of breach of public order were other reasons for deferring the delimitation process in the state, the memorandum said.
It noted that the president passed an order on February 28, 2020, rescinding the earlier order, and paving the way for the formation of a delimitation commission, which the opposition parties claimed was erroneously constituted.
This commission was challenged in the Supreme Court, which led the Centre to remove the reference of North Eastern states from this term in 2021, and the delimitation commission conducted the exercise only in Jammu and Kashmir, it said.

The opposition parties, in the memorandum, noted that the reasons for the objection to the exercise as raised earlier remained valid till date.
The exercise is being sought to be conducted on the basis of the 2001 census, which was the main point of objection for the people of the state, they maintained.
Noting that the updated National Register of Citizens (NRC) is yet to be notified, the memorandum maintained that the government should have sought views from all parties before giving its support to the order of delimitation.
“But that has not been done and the present government and the party in power have acted unilaterally to support a process which has potential to create instability in the state,” the memorandum said.
“In the light of above, we the eleven political parties together raise our voice against the proposed delimitation exercise in the state of Assam,” said the document, signed by leaders of Congress, CPI(M), Raijor Dal, Assam Jatiya Parishad, Jatiya Dal Asom, CPI, NCP, CPI (ML), RJD, JD(U) and TMC.
The full bench of the Election Commission (EC) visited Guwahati in March, during which they held discussions with different stakeholders, including political parties, to take their views on the delimitation process. The Congress had, however, boycotted meeting.
The process for delimitation in the state started on January 1, 2023, as per a notification issued by the EC on December 27 last year.
On December 31, 2022, the Assam Cabinet decided to merge four districts with the ones from which they were carved out. Biswanath was merged with Sonitpur, Hojai with Nagaon, Tamulpur with Baksa and Bajali with Barpeta.
The decisions to merge the districts were taken just a day before the EC’s ban on creating new administrative units in the state came into force.
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( With inputs from www.siasat.com )

May 6, 2023
Assam parties expressed reservations over delimitation based on 2001 Census: CEC

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Guwahati: The ECI on Tuesday said civil society organisations did not oppose Assam’s delimitation process, but several political parties have expressed reservations over issues like the exercise being done based on 2001 census or not putting it off till 2026 when the next nationwide delimitation is due.
Chief Election Commissioner Rajiv Kumar held discussions with various stakeholders ahead of the delimitation of Assembly and Lok Sabha constituencies in this North Eastern state during a three-day visit since Sunday.
Kumar told a press conference that consultations with the stakeholders will be held again after the draft proposal for delimitation is published, though he refused to assign any timeframe for its notification.
He said there will be no change in the number of constituencies in the state in this exercise.
The CEC said nine recognised national and state political parties and various social organisations, numbering a total of over 60, met the ECI team.
Kumar and the two election commissioners, Anup Chandra Pandey and Arun Goel, held talks with state government officials and deputy commissioners among others.
“Everyone wants peace to be maintained and the process to be carried forward. No one was opposed to the process,” he said, sharing the gist of what the civil society organisations had presented before it.
Mentioning various points raised by political parties and other organisations, Kumar said delimitation is being done based on the 2001 Census figure as mandated by law.

He said the delimitation process is being resumed in the state after coming to a halt in 2008 as the President rescinded the previous order.
Asked if the exercise will be done again in the state when it is undertaken nationwide in 2026, Kumar said it is “too early” to speak on that as it will be conducted on the 2021 census, which is yet to be done.
He pointed out that the number of constituencies could change in the 2026 delimitation, though there will be no such changes in the ongoing process.
On the possible change in the number of constituencies reserved for SC and ST, he said it is worked out as per their proportion to the total population.
The CEC said requests have been put before the ECI to consider lower population growth rate in upper Assam areas while realigning constituencies and also special consideration for the sixth schedule areas and Bodoland Territorial Autonomous Districts.
When asked if non-completion of the updation of the National Register of Citizens (NRC) could cause problems in the delimitation process, Kumar said the two activities are carried out under different legislative frameworks.
He said that every section of the community across the state will be considered fairly, within the legal framework and adhering to principles of equity.
Kumar said those who could not present their views before the ECI panel personally can send them through email or submit them through the Chief Electoral Officer or the DCs till April 15.
Taking into consideration all suggestions, the ECI will publish the draft proposal and give one month to the public for their suggestions, after which the panel will once again visit the state for a personal hearing, he added.
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( With inputs from www.siasat.com )

March 28, 2023
Election Commission team to visit Assam for delimitation discussions

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Guwahati: The Election Commission will meet a variety of stakeholders, including political parties and civil society, and hold discussions before the delimitation exercise of constituencies in Assam, an official statement said on Saturday.
The full bench of the Election Commission, which consists of Chief Election Commissioner Rajiv Kumar and two Election Commissioners Anup Chandra Pandey and Arun Goel, will visit Assam from March 26 to 28 to undertake conversations with various sections, it said.
“The Commission has chosen to visit Assam in order to ascertain the actual situation and the expectations of the stakeholders and general public regarding the ongoing delimitation exercise in the state.
“During this time, the Commission will meet with political parties, public figures, civil society organisations, social service providers, and state administration officials, including District Election Officers and Deputy Commissioners, to acquire first-hand information,” the statement said.
The Commission stated that it wants all stakeholders to collaborate in the effort and offer insightful ideas so that the assignment is finished on time in order to gather information regarding the ongoing delimitation process.
The Assam government earlier scrapped four districts and merged them with other districts by a decision in a cabinet meeting, just a day before the Election Commission’s imposed ban on administrative reforms came into effect.
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( With inputs from www.siasat.com )

March 18, 2023
Delimitation in Telangana likely in 2031: Kishan Reddy

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Hyderabad: There is no immediate proposal to increase the number of assembly constituencies in Telangana by re-demarcation, Union Tourism and Culture Minister G Kishan Reddy has said. The central government has not made any plans to increase the assembly constituencies on the demand of the BRS government.
The Telangana government has asked the Centre to increase the existing 119 seats to 153 under the Andhra Pradesh Reorganisation Act, 2014. However, Kishan Reddy has said that as a result of the division of the state, there was no need to increase assembly seats. Assembly seats in Jammu and Kashmir were redrawn because there was no demarcation in Kashmir when delimitation was going on in the country.
The Telangana government cited the example of Jammu and Kashmir and demanded an increase in seats. Kishan Reddy says constitutional amendments are needed to increase assembly seats in Telangana and Andhra Pradesh. And this will be possible only after the new census in 2026. He said the increase in assembly seats in the two Telugu states is likely in 2031.
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( With inputs from www.siasat.com )

February 15, 2023
SC dismisses plea challenging delimitation exercise in J&K

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Srinagar, Feb 13: The Supreme Court on Monday dismissed a plea challenging the delimitation of Assembly and Parliamentary constituencies in Jammu and Kashmir, but clarified that “nothing in this judgment shall be construed as giving our imprimatur to the exercise of powers under Article 370 of the Constitution in August 2019”.
In its verdict, the division bench of the Supreme Court comprising Justice Sanjay Kishan Kaul and Abhay S. Oka said that there is absolutely no merit in any of the contentions raised by the petitioners.
“We may, however, clarify that the findings rendered in the judgment are on the footing that the exercise of power made in the year 2019 under clauses (1) and (3) of Article 370 of the Constitution is valid. We are aware that the issue of the validity of the exercise of the said powers is the subject matter of petitions pending before this Court. Therefore, we have not dealt with the issue of validity. Nothing stated in this judgment shall be construed as giving our imprimatur to the exercise of powers under clauses (1) and (3) of Article 370 of the Constitution,” the Court said.
Two Srinagar residents- Haji Abdul Gani Khan and Muhammad Ayub Matto- had filed a plea in the Apex Court last year to challenge the constitution of delimitation commission and the exercise of redrawing boundaries of Assembly and Parliamentary segments carried out by it.
The Supreme Court said the Article 170 is not applicable to the Legislatures of Union Territories.
“Hence, as far as the Legislative Assembly of the Union territory of J & K is concerned, Article 170 will have no application as it forms a part of Chapter III of Part VI which deals with only the State Legislature. It has no application to the Legislatures of Union Territories. The reason is that the Legislative Assemblies of the concerned Union Territories will be governed by the law made by the Parliament in accordance with Article 239A and not by the provisions of Chapter III of Part VI. As Article 170 is not applicable to the Legislature of the Union Territory of J & K, the main thrust of the argument that certain provisions of the J&K Reorganisation Act and actions taken thereunder are in conflict with Article 170 and in particular Clause (3) thereof is clearly misconceived and deserves to be rejected,” the Court said.
The petitioners had contended that the delimitation exercise was in violation of the scheme of the Constitution of India, especially Article 170(3), which had frozen delimitation till the first census after 2026.
On the petitioners contention that the act of increasing the number of seats from 107 to 114, is violative of Articles 81, 82, 170, 330 and 332 of the Constitution of India, the Court said that none of these provisions deal with the Legislature of any Union territory.

“Article 82 deals with the readjustment and allocation of seats of the House of Parliament after the census and Article 170 deals with legislatures of the States. None of these provisions deal with the Legislature of any Union territory. Article 330 deals with the reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People. Article 332 deals with the reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States. Both these provisions do not deal with reservation of seats for the House of legislature of Union Territories. In any case, even assuming that Article 332 can be applied to the reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislatures of Union territories, it is not shown how the act of increasing the total number of seats in the legislature will offend Article 332, so long as the reservation is maintained as per the formula provided under Article 332,” reads the judgment, a copy of which is in possession of news agency—Kashmir News Observer (KNO)—(KNO)
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( With inputs from : roshankashmir.net )

February 13, 2023
Supreme Court Dismisses Plea Challenging Delimitation In JK

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SRINAGAR: The Supreme Court Monday dismissed a petition challenging the delimitation of Assembly and parliamentary constituencies in Jammu and Kashmir, according to Bar and Bench.
Dismissing the plea filed by two Kashmir residents — Abdul Gani Khan and Muhammad Ayub Matto — the bench comprising Justices Sanjay Kishan Kaul and AS Oka said that it has not ruled upon the validity of the Jammu & Kashmir Re-organisation Act, 2019, which is pending before the Supreme Court among the batch of petitions challenging the abrogation of Article 370 of the Constitution.
Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time. A commission set up by the Centre submitted its final report for the delimitation in Jammu and Kashmir in May last year.
In December, the apex court reserved its judgment on a plea challenging constitution of the commission. The petitioners had argued that under the 2019 Act, only the Election Commission is empowered to conduct the delimitation exercise. However, the Centre stated that the J&K Reorganisation Act of 2019 mandates the commission to do it, reported Bar and Bench .

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( With inputs from : kashmirlife.net )

February 13, 2023