Supreme Court questions delay in delimitation for Northeastern states after 2020 Presidential order

Chief Justice of India Sanjiv Khanna said “…it is a statutory mandate and therefore you have to comply with it…” once the notification is withdrawn.

The bench was hearing a plea by the ‘Delimitation Demand Committee for the States of Arunachal Pradesh, Assam, Manipur & Nagaland in North East India’ seeking the court’s intervention for delimitation in these states.

Appearing for the petitioner, Advocate G Gangmei submitted that the President had already withdrawn the notification deferring the delimitation exercise in these states.

Senior Advocate Maninder Singh, representing the Election Commission of India (ECI), said that it can carry out delimitation in the 4 states only if the Centre decides so. However the bench did not seem to agree.

“Where does the Government come in?,” Justice Kumar said, adding, “once the President rescinds the notification, that is enough…As soon as it is rescinded, you have to set the ball rolling, what have you done?”

CJI Khanna said the purpose of the provision allowing the deferment “was to save you from the situation where you do not want to because of disturbed conditions”. He added that once the deferment notification is taken back, “you have to undertake the exercise”.

Additional Solicitor General K M Nataraj appearing for the Centre said the situation is not conducive for carrying out the exercise in Manipur. He pointed out that as regards the other states, discussions are on.

Singh told the court that delimitation had been carried out for Assam. The court asked the ASG to take further intrusions and inform it when it hears the matter next in January 2025.