India 2018

Law and Justice 403
The Delimitation Commission functioned in a transparent manner. The
methodology and guidelines were clearly established and published in advance.
While framing the constituencies, the Commission—as far as practicable—kept
in view the interest of communities such as those sharing a common tribe, race
or ethnic background and also those defined geographically or by physical
features like mountains, forests, rivers, etc. The Commission drew the
boundaries of the constituencies reserved for scheduled castes and scheduled
tribes strictly in accordance with the constitutional and statutory provisions.
After getting finality of the delimitation exercise, in pursuance of the second
proviso to Article 82 and second proviso to clause (3) of Article 170 of the
Constitution, a Presidential Order dated February 19, 2008 was issued making
new delimitation effective throughout the country. However, Section 10(B) of
the Delimitation Act, 2002 deferred the legal effect of the 2007 delimitation order
in relation to the state of Jharkhand.
With the issuance of the Presidential Order specifying the date on which
the delimitation orders notified by the Delimitation Commission shall take effect,
it was necessary to amend the relevant provisions and the First and Second
Schedules of the Representation of the People Act, 1950 to reflect the changes
made by the delimitation orders notified by the Delimitation Commission. As a
consequential requirement, the Representation of the People (Amendment) Act,
2008 amending the Representation of the People Act, 1950 in conformity with
the delimitation was enacted and made effective from 2008. By this amendment
Act, the First Schedule and the Second Schedule to the Representation of the
People Act, 1950 were replaced including other amendments. Further, a new
Section 8(A) was inserted in the Representation of the People Act, 1950, which,
provided that if the President of India is satisfied that the situation and the
conditions prevailing in Arunachal Pradesh, Assam, Manipur or Nagaland are
conducive for the conduct of delimitation exercise, he may, by order, rescind
the said deferment orders issued under Section 10(A) of The Delimitation Act,
2002 in relation to any of those states and provide for the conduct of delimitation
exercise in the states by the Election Commission of India. Further, the Election
Commission of India, as per sub-Section (2 of Section 8(A) of The Representation
of the People Act, 1950 has now been empowered to undertake fresh delimitation
in respect to the aforementioned four states as soon as, may be after the
deferment orders in respect to these states are rescinded. A fresh delimitation
exercise will be initiated as and when conditions prevailing in these states
become conducive to the conduct of delimitation exercise.
After the issuance of the Presidential Order of 2008, the Delimitation
Commission had issued eight (8) orders/corrigenda amending its earlier orders
in respect of Karnataka, West Bengal, Uttar Pradesh, Tamil Nadu, NCT of Delhi,
Bihar and Gujarat.
Reservation of Seats for Women
During the years, a consistent demand has been made for giving adequate
representation to women in Parliament and state legislatures. Such a demand
finds support in the 73 and 74 Amendments to the Constitution made in 1992.