Supreme Court declines to stay ongoing delimitation process in Assam

The Supreme Court of India on Monday refused to interfere and stay the delimitation process being carried out by the Election Commission of India (ECI) in the state of Assam. The SC heard a series of petitions filed by ten opposition leaders seeking to stay the delimitation process underway in Assam's 126 constituencies and 14 lok sabha constituencies.

However, a three-judge bench comprising Chief Justice of India DY Chandrachud, JB Pardiwal and Manoj Misra said they would hear a constitutional challenge to the Election Commission's power to delimit under the Delimitation Act, but would not ban the ongoing delimitation process.

Earlier, senior advocate Kapil Sibal, who appeared for ten opposition leaders, submitted to the court that there was a process to carry out the delimitation exercise.

“There is a delimitation commission which has members from political parties and the legislature and is chaired by a former judge of the Supreme Court. The idea behind delimitation is that each constituency in the state must have population parity. But in 2008, the Government of India brought an amendment to the Act and we are challenging the provisions of the Representation of the People Act which overturns the Delimitation Commission and gives the task to the Election Commission of India,” argued Sibal.

"Now what is happening in Assam is that the delimitation process is being done by the Election Commission at the behest of the Law Ministry and is unrepresentative in nature," Sibal added.

The Election Commission of India last month released a draft delimitation of assembly and parliamentary constituencies for Assam. The last delimitation exercise in Assam was conducted in 1976.

Since March 2023, the Commission has been communicating with and receiving representations from political parties and other organizations.