In the KISHORCHANDRA CHHANGANLAL RATHOD Versus UNION OF INDIA AND ORS case, the Supreme Court (SC) held that nothing precludes the constitutional courts from checking the validity of orders passed by the Delimitation Commission if an order is found to be manifestly arbitrary and irreconcilable to constitutional values.
- The order came on a petition filed against the Gujarat High Court. The High Court, which taking note of Article 329(a) of the Constitution, had held that there’s a bar to interference by the Court in electorate matters.
- However, the Supreme Court rejected this argument. The court held that , Article 329 undeniably restricts the scope of judicial scrutiny, it cannot be construed to have imposed for every action of delimitation exercise.
- The SC bench gave references of its previous orders. In the Dravida Munnetra Kazhagam (DMK) v. State of Tamil Nadu (2020) case, the apex court noted that a constitutional Court can intervene for facilitating the elections or when a case for mala fide or arbitrary exercise of power is made out.
- In Meghraj Kothari’s case, the court held that the judicial interference was restricted to avoid unnecessary delay in the election process and it can not be hold that there’s a complete bar on the powers of the constitutional courts to interfere with the order of the delimitation commission.
About Delimitation
- Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body.
- Under Article 82 of the Constitution, the Parliament by law enacts a Delimitation Act after every census. After coming into force commencement of the Act, the Central Government constitutes a Delimitation Commission.
- The job of delimitation is assigned to a high power body. Such a body is known as Delimitation Commission or a Boundary Commission.
- This Delimitation Commission demarcates the boundaries of the Parliamentary Constituencies as per provisions of the Delimitation Act. The present delimitation of constituencies has been done on the basis of 2001 census figures under the provisions of Delimitation Act, 2002.
- However, in 2002, 84th Constitutional Amendment was used to freeze the process of delimitation for Lok Sabha and State assemblies till at least 2026.
- In India, such Delimitation Commissions have been constituted 4 times – in 1952, in 1963, in 1973 and in 2002.
- The Delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court.
- These orders come into force on a date to be specified by the President of India in this behalf.
- The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.
