Why in the News?
- The Supreme Court of India cautioned that conducting delimitation before Census post-2026 could disturb the constitutional electoral framework.
Core Issue
- Whether delimitation can be done using old Census data (pre-2026)
- Petition demanded parity with Jammu & Kashmir delimitation (2022)
Supreme Court’s Key Observations
1. Constitutional Timeline Must Be Followed
- Delimitation cannot be done until:
- First Census after 2026 is published
- Based on: Article 82 (Lok Sabha) and Article 170 (State Assemblies)
2. Risk to Electoral Framework
- Using old data may:
- Destabilize uniform electoral system
- Disturb fair representation
- Blur line between: Constitutional mandate and Political discretion
3. Equality Principle (Article 14)
- Selective delimitation (only some States) would: Violate Article 14
- All States must be treated equally
Court’s Decision
- Rejected plea for delimitation in: Andhra Pradesh and Telangana
- Reason: Violates constitutional embargo
- In India, there is a constitutional embargo on delimitation:
- Under:
- Article 82
- Article 170
- It states that: No readjustment of seats can be done until:
- First Census after 2026 is published
- This is the constitutional embargo referred to by the Supreme Court.
Judicial Review of Delimitation
- General Rule: Courts have limited power to review delimitation
- Exception: Court can intervene if:
- Arbitrary
- Unreasonable
- Violates constitutional values
- Reinforced in: Kishorchandra Chhanganlal Rathod case
Important Case Reference
- Indira Nehru Gandhi vs Raj Narain
- Parliament responsible for: Free & fair elections and Delimitation laws
Current Relevance
- Important due to: Proposed Constitution (131st Amendment) Bill, 2026
- Debate on: Using 2011 Census for delimitation
| [2023] With reference to the Delimitation Commission, consider the following statements: 1 The orders of the Delimitation Commission cannot be challenged in a Court of Law. 2 When the orders of the Delimitation Commission are laid before the Lok Sabha or State 3 Legislative Assembly, they cannot effect any modifications in the orders. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 |
