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PIL to declare Arakkonam as general constituency rejected
October 19 , 2017
2594 days
1357
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- The HC has rejected a plea for a directive to the Election Commission (EC) and the State Election Commission (SEC) to declare Arakkonam constituency, reserved for SC candidates, as a general constituency.
- The judgement was based on Article 329(a) of Indian Constitution.
- Article 329(a) states that,
- “the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 327 or Article 328, shall not be called in question in any court”.
- Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body.
- The job of delimitation is assigned to a high power body known as Delimitation Commission or a Boundary Commission.
- In India is Delimitation Commissions constituted once in ten years and so far constituted 4 times in 1952, 1963 , 1973 and 2002.
- Delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court.
- The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.
- This body has its origin under Article 82 of the Constitution which has provision that the Parliament by law enacts a Delimitation Act after every census. After coming into force commencement of the Act, the Central Government constitutes a Delimitation Commission.
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