Q. Consider the following statements with reference to readjustment of seats in Parliament:
1. The orders issued by delimitation commission regarding readjustments of seats cannot be challenged in a court once they are published in the Gazette of India.
2. Present distribution of seats in Parliament, to states, is based on the 2011 census.
3. The Election Commission is empowered to identify seats which are to be reserved for Scheduled Castes and Scheduled Tribes in Parliament.
How many of the above given statements are correct?
Exp) Option a is the correct answer.
Statement 1 is correct: The orders issued by the delimitation commission cannot be challenged in any court. Central Government and ECI have told the Supreme Court with reference to a plea that challenges the move of the delimitation commission of redrawing poll constituencies in Jammu and Kashmir, that provisions under the Delimitation Act, 2002 bars challenge to the orders of the Commission once they are published in the Gazette of India.
Statement 2 is incorrect: Present distribution of seats in Parliament is based on the 1971 census. The representation from each State is not changed by Delimitation Act, 2002. However, the present delimitation of constituencies (area wise) has been done on the basis of 2001 census under the provisions of Delimitation Act, 2002. The 42nd Amendment Act of 1976 had frozen total number of seats till the year 2000 at the 1971 level. This ban on readjustment has been extended till 2026 by the 84th Amendment Act of 2001 based on 1971 census with the same objective of encouraging population limiting measures.
Statement 3 is incorrect: The Delimitation Commission (Not the Election Commission) is tasked with identifying seats reserved for Scheduled Castes and Scheduled Tribes. The Delimitation Commission is supposed to determine the number and boundaries of constituencies in a way that the population of all seats, so far as practicable, is the same.
| Important Tips Delimitation is the act of redrawing boundaries of Lok Sabha and State Assembly seats to represent changes in population. The main objective of delimitation is to provide equal representation to equal segments of a population. The Delimitation Commission is appointed by the President of India. It is composed of the following: • A retired Supreme Court judge, • The Chief Election Commissioner of India and • Respective State Election Commissioners. |
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