The Supreme Court on Tuesday asked the Union government why it was yet to carry out long-pending delimitation exercises in the States of Nagaland, Arunachal Pradesh and Manipur [Delimitation Demand Committee for the State of Arunachal Pradesh, Assam, Manipur and Nagaland in North East India vs Union of India and ors].
A Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar made it clear there is a statutory mandate for the exercise.
The Court noted that in February 2020, the President of India (Ram Nath Kovind, at the time) had rescinded an earlier order to defer the delimitation exercise in Nagaland, Arunachal Pradesh, Manipur and Assam.
This was done after noting that the security conditions in these States had improved. However, steps for delimitation were only taken in Assam. The Court today questioned the Centre on why similar measures have not been taken for the other three States.
"Once the President rescinds the notification (deferring delimitation), it is enough," Justice Kumar noted.
Additional Solicitor General of India (ASG) KM Nataraj explained that the situation in the northeastern States is sensitive, with locals in Arunachal allegedly opposing delimitation.
"In 2020 it (earlier order to defer delimitation) was rescinded Mr. Natraj. What were you doing since four years? What have you done to set the ball rolling?" Justice Kumar asked.
"Once the deferment order is rescinded, the Election Commission cannot say it will not be done. We get Manipur, but what about other (States)? Arunachal also, nothing," CJI Khanna added.
The Court eventually adjourned the matter for the ASG to get instructions.
"Take instructions. Exercise has to be done. It is a statutory mandate. If 12A (Delimitation Act) is not re-notified, then you are in difficulty. Matter adjourned on request of the learned Additional Solicitor General to take instructions. List in January 2025," the Court said.
The Court was hearing a public interest litigation (PIL) petition seeking directions to ensure that the delimitation exercise is carried out in Nagaland, Arunachal Pradesh, Manipur and Assam.
The plea contends that the process of delimitation for States is a constitutional obligation that has not been met in the four States for the last 51 years.
The Court had sought responses from the Central government, the Election Commission of India and the States of Assam, Manipur, Nagaland and Arunachal Pradesh in July 2022.
During the pendency of the case, the delimitation for Assam was completed, with the 2024 general elections having been conducted on re-drawn parliamentary seats.
In September 2022, the top court also issued notice on another similar petition challenging the exclusion of the four northeastern States from the delimitation exercise.
Earlier, while upholding such an exercise for the Union Territory of Jammu and Kashmir (J&K), the top court said that the position of the four north-eastern States is totally different from that of J&K.