UPSC IAS - 2012
With reference to the Delimitation Commission, consider the following statements: 1) The orders of the Delimitation Commission cannot be challenged in a Court of Law. 2) When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders. Which of the statements given above is/are correct?
Year Asked: 2012
Correct Answer
C. Both 1 and 2
Detailed Explanation
Both statements are correct, so the answer is C. The core concept is the finality of delimitation. The Delimitation Commission is set up under the Delimitation Act, 2002, and its orders are final. Under the Act, its orders cannot be called in question before any court, and Article 329(a) bars courts from questioning the delimitation of constituencies.
- Statement 1 is correct. The bar on judicial review comes from Article 329(a) and the 2002 Act, so a court cannot strike down or stay a delimitation order.
- Statement 2 is correct. The orders are laid before the Lok Sabha and the concerned State Legislative Assembly, but the House can only take note of them. It cannot modify them. The Commission's order takes effect on the date fixed by the President.
Mains angle: this finality protects the process from political interference. It also connects to Articles 82 and 170, which provide for readjustment of seats after each Census, and to the debate on freezing seats for federal balance.
Trap: aspirants often assume that Parliament or the Assembly can amend a delimitation order like an ordinary bill. They also confuse the bar on election disputes with the bar on delimitation orders. Both are covered by Article 329, but they are different.
This question appeared in UPSC Prelims 2012 GS Paper-1.
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