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The Supreme Court's three-judge panel, which includes Chief Justice of India DY Chandrachud, JB Pardiwala, and Manoj Misra, said it would hear the constitutional challenge to the Election Commission's authority to carry out delimitations under the Delimitation Act but would not halt the current delimitations.
On Monday, the top court heard a number of petitions submitted by ten opposition leaders seeking a halt to the delimitation process taking place in Assam's 126 assembly and 14 lok sabha seats.
The Chief Justice of India, DY Chandrachud, JB Pardiwala, and Manoj Misra made up a three-judge panel that announced that it would hear the constitutional challenge to the Election Commission's authority to carry out delimitations under the Delimitation Act but would not halt the current delimitation procedure.
"There is a delimitation commission headed by a retired Supreme Court judge, including members from the legislative assembly and political parties. The concept underlying delimitation is that each state constituency needs to have an equivalent population. But the Indian government amended the law in 2008, and we are contesting the Representation of People Act's clause that displaces the Delimitation Commission and transfers its authority to the Election Commission of India, Sibal stated.
"Now, what is happening in Assam is that a delimitation process is underway by the election commission under orders of the Law ministry and is non-representative in its nature," Sibal continued.
The delineation of Assam's Assembly and Parliamentary Constituencies was the subject of a draught proposal submitted by the Indian Election Commission last month.
In Assam, the latest delimitation procedure took place in 1976.
Since March 2023, the commission has interacted with political parties and other organizations and heard their concerns.
