Supreme Court Urges Central Government To Reconsider Delimitation Commission Composition For SC/ST Representation

The Supreme Court has urged the Central government to reconsider the composition of the Delimitation Commission to ensure equitable representation of Scheduled Castes (SC) and Scheduled Tribes (ST). A bench led by Chief Justice of India DY Chandrachud emphasized the need for serious consideration by the Centre and directed discussions with the Chief Election Commissioner for a working solution by November 23.

The Court acknowledged the absence of delimitation exercises since 2008, stating, "This is a matter which would warrant serious and concerted consideration by the Centre." While recognizing its inability to mandate parliamentary actions, the Court underscored the Centre's responsibility to examine the reconstitution of the Delimitation Commission for justice to SC and ST communities.

The PIL before the Court sought proportional representation of Scheduled Tribes in the legislative assemblies of West Bengal and Sikkim. Dismissing the Centre's argument that the Delimitation Commission cannot be constituted until the 2026 census, the Court highlighted Article 371(F) as a potential route for Sikkim, providing special provisions for the state.

Addressing the Limbu and Tamang communities' claim for proportional representation, acknowledged as Scheduled Tribes, the Court emphasized its constitutional foundation. Despite the Ministry of Home Affairs initiating seat increase exercises in 2018 for reservations, no further action has been taken.

While Article 327 empowers Parliament for election provisions, including delimitation, the Election Commission clarified its limited power on seat readjustments. The Court disagreed with petitioners arguing that EC could correct omissions related to proportional representation, emphasizing the necessity for amendments to the Representation of the People Act.

Author: Anushka Taraniya

News Writer, MIT ADT University