Delimitation with Old Data Can Upset Electoral Framework

Delimitation with Old Data Can Upset Electoral Framework
  • Context:

  • The Supreme Court (SC) in 2025 cautioned that conducting delimitation exercises using Census data gathered prior to the 2026 deadline risks destabilising the Constitution's "uniform electoral framework."

  • It noted that such moves blur the clear demarcation between constitutional prescription and political discretion.

  • This judicial stance holds immediate significance as Parliament convenes a Special Session to debate the Constitution (131st Amendment) Bill and the Delimitation Bill.

  • Background of the Case:

  • The SC's observation arose while hearing a petition seeking the delimitation of Assembly seats in Andhra Pradesh and Telangana.

  • The petitioner argued that conducting delimitation in the Union Territory of Jammu and Kashmir in 2022 while delaying it elsewhere was discriminatory.

  • The SC rejected the plea, noting that the "legitimate expectations" of the electorate cannot override the clear constitutional embargo outlined in the provisos to Articles 82 and 170.

  • These articles explicitly mandate that no readjustment of seats or division of States into territorial constituencies can occur until the relevant data from the first census conducted after 2026 is published.

  • The Court emphasised that making isolated departures from this timeline just for two States would constitute an impermissible deviation from the principle of equality enshrined in Article 14 of the Constitution.

  • Judicial Review of Delimitation:

  • Historically, the SC has maintained that while the judicial review of delimitation is highly limited, the courts can still intervene if the exercise is found to be capricious and unreasonable.

  • Referencing the landmark 1975 Indira Nehru Gandhi vs. Raj Narain case, the Court highlighted that the Constitution trusts Parliament to frame laws for "free and fair elections" and limits judicial intervention based on that trust.

  • However, the recent 2024 ruling in the Kishorchandra Chhanganlal Rathod case marked a shift away from the absolute inviolability of the delimitation exercise.

  • The SC firmly asserted its authority to intervene if the delimitation process is found to be "manifestly arbitrary and irreconcilable to constitutional values".