Delimitation (Amendment) Bill, 2008

Information Type: Legislative Information
Bill No: 18 of 2008
Bill introduced in House: Lok Sabha
Bill Type: Government
Bill Status: Assented
Ministry-in-charge of Bill: Law and Justice
Introduced by Member: Hans Raj Bhardwaj
Member Type: Ex-Members
Acts State: Ordinary Bill
Bill Date: 2008-03-3
Case Note / Description :

(i) Introduced in Lok Sabha on March 3, 2008 (ii) Passed in Lok Sabha on March 11, 2008 (iii) Passed in Rajya Sabha March 18, 2008 (iv) Assented in March 28, 2008 

   As Introduced          As Passed by Lok Sabha     Errata       Passed by Both Houses (attached)

Parliament enacted the Delimitation Act, 2002 and under its provisions, a Delimitation Commission was set-up to readjust the division of each State and Union territory into territorial constituencies for the purpose of elections to the House of the People and to the State Legislative Assemblies on the basis of 2001 Census. The Delimitation Commission has since completed the delimitation exercise in 25 States/Union territories. As the work of the Delimitation Commission progressed, new issues started coming to the fore and several concerns have been expressed regarding the on going delimitation exercise. The concerns expressed in regard to delimitation are varying in nature. They includeissues, such as, shifting of constituencies, making reserved constituencies unreserved or service versa, migration of people from tribal States to non-tribal States, migration of people in a State from rural areas to urban areas, etc. In the North-East States, even the census figures had been questioned in courts as incomplete and defective. The issues in regard to delimitation of constituencies are serious and very sensitive in nature and they may have impact even on the law and order situation in some parts of the country. In this background, the Government considered the amendments in the Delimitation Act, 2002 with a view to reducing the adverse impact of the delimitation exercise and it was decided that : (i) new section 10A may be added which should inter alia enable the Presidentto defer delimitation exercise in a State in order to preserve and protect the national unity and integrity or where there is a serious threat to the peace and public order; (ii) Delimitation Commission's order made with respect to the State of Jharkhand may be nullified and to continue the existing delimitation orders until the year 2026 in respect of that State.  In view of the exigencies explained in the preceding paragraphs, it became necessary to promulgate an Ordinance to insert a suitable provision (section 10A) in the Delimitation Act, 2002 for the deferment of the delimitation exercise in the North-East States; and to take care of the situation obtaining in the State of Jharkhand to insert a new section 10B and aproviso to sub-section (4) of section 10 of the Act so as to reduce the adverse impacts of the delimitation. As Parliament was not in session and the President was satisfied with the circumstances which rendered it necessary for her to take immediate action to take care of the situation in the North-East States and the Jharkhand by promulgation of the Delimitation (Amendment) Ordinance, 2008 on the 14th January, 2008. The Delimitation (Amendment) Bill, 2008 seeks to replace the Delimitation (Amendment) Ordinance, 2008.

 
 
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