Directing a legislative amendment is beyond the scope of judicial review, Supreme Court on amending delimitation notification of 2006.
Case title: Public Interest Committee for Scheduling Specific Areas and Anr Vs Union of India & Ors
Case no.: Writ Petition (Civil) No 443 of 2017
Decided on: 23.11.2023
Quorum: Hon’ble Chief Justice Dhananjaya Y Chandrachud, Hon’ble Justice Manoj Misra, Hon’ble Justice J B Pardiwala.
Hon’ble Justices stated that “it is for the Union Government to take recourse to the powers under the Delimitation Act 2002 for the purpose of ensuring that the provisions of Articles 330 and 332 are duly implemented. The Central Government should take a decision with all reasonable dispatch, in accordance with law.”
BRIEF FACTS:
The present petition seeks a direction to uphold the Limboo-Tamang Scheduled Tribe’s constitutional rights to seat reservation in the Sikkim Legislative Assembly. It requests that the Delimitation Commission’s Notification of 4 September 2006 and the Delimitation of Parliamentary and Assembly Constituencies Order 20081 be amended or repealed to the extent that they do not include reservations for Limboo-Tamang Scheduled Tribe members. It also seeks directions stating that Section 7(1A) of the Representation of the People Act violates the Constitution for the same reason. The petitioner requests that the Delimitation Commission and the Election Commission implement the mandate of Article 332 of the Constitution in respect of the Limboo Tamang Scheduled Tribe by making the necessary changes to the 2006 Notification and the 2008 Order.
COURT ANALYSIS AND JUDGEMENT:
After carefully considering the parties’ arguments, the court concluded that delimitation must be determined in accordance with the Delimitation Act of 2002. However, legislative amendments would be required, particularly in light of the provisions of the RP Act’s First and Second Schedules. It determined that directing a legislative amendment is outside the scope of judicial review. And it directed the central government to use its powers under the Delimitation Act 2002 to ensure that the provisions of Articles 330 and 332 are properly implemented. The Central Government should make a decision promptly in accordance with the law.
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Written by – Surya Venkata Sujith