The Supreme Court has said that the Election Commission of India did not require the authorisation of the Union Government to conduct the exercise of delimitation in Manipur, Assam, Nagaland and Arunachal Pradesh.
The Bench of Chief Justice of India D.Y. Chandrachud, Justice P.S. Narasimha and Justice Manoj Misra made the oral observation on Tuesday, while hearing a petition seeking delimitation of the four north-eastern states.
Representing the petitioners, Senior Advocate Gopal Sankaranarayanan contended that he was not going to address the states of Manipur, Assam and Nagaland and would solely be focusing on Arunachal Pradesh alone.
He said the Apex Court had issued notice to Arunachal Pradesh, which chose not to file a reply.
As per the Counsel, the Election Commission under Section 8A of the Representation of the People Act, 1950 was the authority to respond. It has filed its reply.
He said the Commission has now taken a stand that the delimitation act was not to be done by them but it has to be done after the Government of India issued a direction for the same. The Section did not provide that, but the problem was that the reply had already come, he added.
The Senior Advocate noted that the deferment order had been rescinded in 2020 and that the Ministry of Home Affairs had two notifications on the basis of which the rescinding had happened.
Representing the Election Commission, Advocate Amit Sharma submitted that there was a notification issued on March 6, 2021. He said till the time the Commission did not get intimation from the Central government, it cannot proceed.
Solicitor General Tushar Mehta sought adjournment for the matter.
The Apex Court then listed the matter for further hearing on July 25.
Section 8A of the Representation of the People Act, 1950 provides for delimitation of Parliamentary and Assembly Constituencies in the States of Arunachal Pradesh, Assam, Manipur or Nagaland.
It states that if the President is satisfied that the conditions prevailing in the aforementioned States are conducive for the conduct of delimitation exercise, the President may rescind the deferment order issued under the provisions of Section 10A of the Delimitation Act, 2002 in relation to that State, and provide for the conduct of delimitation exercise in the State by the Election Commission.
After such a deferment order, the EC can carry out delimitation in the state, it adds.
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