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DELIMITATION COMMISSION

Why in the News?

• The Supreme Court instructs the Centre to establish a new delimitation commission.

Source: News18

Aim

• To ensure proportional representation for Scheduled Castes (SCs) and Scheduled Tribes (STs) as mandated by the Constitution.

Limitation on Directives

• While directing the commission’s formation, the court clarifies its inability to direct Parliament to legislate for proportional representation of other ST communities.
• Judicial restraint: The court refrains from venturing into the legislative domain.

Bench and Plea Background

• The directive comes from a bench led by Chief Justice D Y Chandrachud on a plea for proportional representation of Limbu and Tamang tribal communities in Sikkim and West Bengal assemblies.
• The court emphasizes its power of judicial review but acknowledges staying within bounds.

Implementation through Delimitation Act

• Proportional representation in the West Bengal Assembly requires the use of the Delimitation Act, 2002.
• The Act allows readjustment of Assembly seats, their allocation, and division of states and Union Territorie

Verdict’s Scope

• The verdict clarifies non-interference with Parliament or state Assembly elections.
• Ensures the electoral process remains undisrupted while addressing constitutional concerns.

Advocate’s Stand

Prashant Bhushan, representing the NGO PICSSA, asserts denial of constitutional rights to STs due to inadequate seat reservation despite population growth in Sikkim and West Bengal.