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This is an archive article published on December 27, 2022

J&K exercise over, Election Commission starts process for delimitation of Assam’s constituencies

2001 Census will be basis; poll panel bans new administrative units from January 1

In March 2020, the Centre notified a Delimitation Commission for Jammu and Kashmir, Assam, Arunachal Pradesh, Manipur and Nagaland. In March 2020, the Centre notified a Delimitation Commission for Jammu and Kashmir, Assam, Arunachal Pradesh, Manipur and Nagaland.
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J&K exercise over, Election Commission starts process for delimitation of Assam’s constituencies
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The Election Commission of India said Tuesday it has begun the process of delimitation of Assembly and Parliamentary constituencies in Assam.

The process will be based on Census data from 2001. The last delimitation of constituencies in Assam was done in 1976 on the basis of the 1971 Census.

In 1971, Assam’s population was 1.46 crore. In 2001, it increased to 2.66 crore and to 3.12 crore in 2011.

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The EC also issued a directive banning the creation of new administrative units in the state with effect from January 1 next year until completion of the delimitation exercise in the state.

Assam currently has 14 Lok Sabha, 126 Assembly constituencies.

“As mandated under Article 170 of the Constitution, census figures (2001) shall be used for the purpose of readjustment of Parliamentary and Assembly Constituencies in the State. Reservation of seats for the Scheduled Castes and Scheduled Tribes will be provided as per Articles 330 & 332 of the Constitution of India,” the EC said.

Explained

The Opposition concern

Assembly polls are not due in Assam until 2026. The state currently has 126 Assembly constituencies and sends 14 MPs to Lok Sabha. The state Opposition is questioning why the delimitation exercise is being done on the basis of the 2001 Census, and not the 2011 Census.

It said the delimitation exercise in the state has been initiated following a request from the Ministry of Law and Justice.

“The Commission will design and finalise its own guidelines and methodology for the purpose of delimiting the constituencies. During the delimitation exercise, the Commission will keep in mind the physical features, existing boundaries of administrative units, facility of communication, public convenience and as far as practicable, the constituencies will be kept as geographically compact areas,” it said.

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According to the EC, once a draft proposal of delimitation of constituencies in Assam is finalised by the Commission, it will be published in the Central and State Gazettes inviting suggestions/objections from the general public.

Section 8A of the Representation of the People Act allows for delimitation of Parliamentary and Assembly constituencies in Arunachal Pradesh, Assam, Manipur or Nagaland.

In March 2020, the Centre notified a Delimitation Commission for Jammu and Kashmir, Assam, Arunachal Pradesh, Manipur and Nagaland.

But in March 2021, when the Centre extended the term of the Delimitation Commission by a year, the N-E states were excluded from its mandate and the panel was told to redraw only the constituencies of Jammu and Kashmir.

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That exercise has since been completed. In May this year, finalising its order for Jammu and Kashmir, the Delimitation Commission recommended seven additional constituencies – six for Jammu and one for Kashmir – taking the total number of seats in the Union Territory to 90 from 83 earlier.

Reacting to the announcement on the delimitation exercise in Assam, state Opposition leader and senior Congress leader Debabrata Saikia welcomed the delimitation process but said it was due for a long time and expressed concern on using the 2001 Census figures for the process.

“It was due long back. But there were some situations. All parties including the BJP met various social organisations, pressure groups also represented to the Central government to stop the delimitation till the NRC is final and the Disturbed Areas Act is here. Taking that plea, it was stopped. We are not clear whether NRC is accepted or not. Though the delimitation is needful, these situations have not been satisfied yet,” Saikia said.

He said the 2011 Census figures are available and the 2021 Census process must also be accounted for to conduct the delimitation process.

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“After 2011 and 2021, if we go by 2001, it will be an injustice to follow the 2001 Census figures. Before taking such a decision, the government should consider whether it will serve any meaningful purpose,” he said.

AIUDF leader and MLA Aminul Islam too said he welcomed the delimitation move but raised questions on why it was being done with the 2001 Census figures instead of the 2011 and 2021 numbers.

“We welcome the process but in 2026 it will be held across the country. The important question is whether it will expand the 126-member Assembly. If not, what is the benefit? We think there might be some political agenda at work,” he said.

Islam also claimed several Assembly constituencies, which were previously reserved for SC and ST communities, have undergone demographic changes in the meantime and Muslims comprise the majority in many such constituencies. Such seats, he said, should be reserved accordingly.

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Assam BJP president Bhabesh Kalita said his party welcomed the ECI move to undertake delimitation of seats and said the BJP is confident that the delimitation process will be completed properly very soon. We shall cooperate in all ways for the smooth conduction of the exercise, he said.

Apurva Vishwanath is the National Legal Editor of The Indian Express in New Delhi. She graduated with a B.A., LL. B (Hons) from Dr Ram Manohar Lohiya National Law University, Lucknow. She joined the newspaper in 2019 and in her current role, oversees the newspapers coverage of legal issues. She also closely tracks judicial appointments. Prior to her role at the Indian Express, she has worked with ThePrint and Mint. ... Read More

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