Indian Polity : Elections

Q 7 / 11

UPSC CSE Prelims 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?

EXPLANATION

The correct option is (c).

Explanation

The Delimitation Commission is a high-powered body constituted by the Government of India to determine the boundaries of parliamentary and assembly constituencies. Its primary function is to ensure that the population of each constituency is as nearly equal as practicable and to provide fair representation to geographical areas.

Statement-wise Analysis

  • Statement 1: Correct. The orders of the Delimitation Commission have the force of law and cannot be challenged in any court of law. This provision is enshrined in Article 329(a) of the Indian Constitution, which bars judicial interference in matters relating to delimitation of constituencies. The rationale behind this is to prevent delays and challenges that could disrupt the electoral process.
  • Statement 2: Correct. When the orders of the Delimitation Commission are laid before the Lok Sabha or the concerned State Legislative Assembly, they cannot effect any modifications in the orders. The Parliament or the State Legislature can only discuss the orders but cannot amend them. This ensures the independence and finality of the Commission's decisions, preventing political manipulation of constituency boundaries.

Key Takeaway

The orders of the Delimitation Commission are legally binding and final, not subject to judicial review or legislative modification, to ensure the integrity and timely conduct of elections.

SOURCEIndian Polity by M. Laxmikanth, Chapter 45: Statutory, Regulatory and Quasi-Judicial Bodies