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Delimitation Commission's Orders Aren't Immune From Judicial Review: Supreme Court (SC)

Posted 08 Aug 2024

2 min read

SC in Kishorchandra Chhanganlal Rathod case held that constitutional courts have the power to review orders of the Delimitation Commission if an order is manifestly arbitrary and irreconcilable to constitutional values.  

  • Earlier Gujarat HC had dismissed petition challenging delimitation exercise, taking note of Article 329(a) of Constitution, which bars interference by Court in electoral matters. 

Earlier SC’s  Judgments

  • DMK v. State of T.N: Rejected complete bar on judicial intervention, it held that constitutional Court can intervene to facilitate the elections or when a case for mala fide or arbitrary exercise of power is made out. 
  • Meghraj Kothari's case: The judicial interference was restricted only to avoid unnecessary delay in the election process. It does not put complete restriction on judicial review. 

About Delimitation 

  • Delimitation is the process of fixing the number of seats and boundaries of territorial constituencies in each State for the Lok Sabha and Legislative assemblies.
  • Responsibility of delimitation is assigned to a high-power body known as Delimitation Commission (Boundary Commission)
    • Under Article 82, delimitation is done by such authority and in such manner that Parliament may, by law, determine.
    • In India, such Delimitation Commissions have been constituted 4 times – in 1952, 1963, 1973 and 2002
  • Tags :
  • Delimitation Commission
  • Kishorchandra Chhanganlal Rathod case
  • Supreme Court on Delimitation
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