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Delimitation of State Assembly and Parliamentary Constituencies in Assam State Initiated by ECI

Delimitation of Constituencies UPSC Relevance

Delimitation of Constituencies Initiated by ECI: Delimitation of various state assembly and parliamentary constituencies is conducted by the Election Commission of India as and when needed.

Delimitation of state and parliamentary Constituencies are important for UPSC Prelims 2023 and UPSC Mains Exam (GS Paper 2: Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.)

 

Delimitation of Constituencies in News

  • Recently, the Election Commission of India has decided to initiate the delimitation exercise of Assembly and Parliamentary Constituencies in the State of Assam.
  • The ECI will be conducting the delimitation exercise in pursuance to the request received from Ministry of Law & Justice, Government of India.

Delimitation of Constituencies- Legal and Constitutional Provisions

  • Background: Under the provisions of Delimitation Act, 1972, the last delimitation of constituencies in the State of Assam was done on the basis of census figures, 1971 by the then Delimitation Commission in 1976.
  • Legal Provisions: Delimitation of State Assembly and Parliamentary Constituencies by ECI takes places as per Section 8A of the Representation of the People Act, 1950.
  • Constitutional Provisions: As mandated under Article 170 of the Constitution, census figures (2001) shall be used for the purpose of readjustment of Parliamentary and Assembly Constituencies in the State.
  • Reservation of Seats for SC & ST: Reservation of seats for the Scheduled Castes and Scheduled Tribes will be provided as per Articles 330 & 332 of the Constitution of India.

Procedure for Delimitation of Election Constituencies

  • The Commission will design and finalize its own guidelines & methodology for the purpose of delimiting the constituencies.
  • During the delimitation exercise, the Commission will keep in mind the physical features, existing boundaries of administrative units, facility of communication, public convenience and as far as practicable, the constituencies will be kept as geographically compact area.
  • Once a draft proposal of delimitation of constituencies in the State of Assam is finalized by the Commission, it shall be published in the Central and State Gazettes for inviting suggestions/objections from the general public.
  • In this regard, a Notice will also be published in two vernacular newspapers of the State specifying the date and venue for public sittings to be held in the State.

Election Commission of India (ECI)

  • The ECI is an autonomous constitutional authority responsible for administering Union and State election processes in India.
  • The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.

Election Commission of India (ECI)

Constitutional provisions regarding Election Commission

  • Part XV of the Indian constitution: deals with elections, and establishes a commission for these matters.
  • Article 324 to 329 of the constitution: deals with powers, function, tenure, eligibility, etc. of the commission and the member.

 

          Articles related to Election Commission of India (ECI)

 

324 Superintendence, direction, and control of elections to be vested in an Election Commission.
325 No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.
326 Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
327 Power of Parliament to make provision with respect to elections to Legislatures.
328 Power of Legislature of a State to make provision with respect to elections to such Legislature.
329 Bar to interference by courts in electoral matters.

Organizational structure of ECI

  • ECI consists of one Chief Election Commissioner and two Election Commissioners.
  • Secretariat: It has a dedicated secretariat located in New Delhi.
  • At the state level, ECI is assisted by the Chief Electoral Officer (CEO) who is generally an IAS rank officer.
  • At the constituency level, ECI appoints a Returning Officer and Assistant Returning Officer in consultation with the government of State or Union Territory as the case may be.

List of Chief Election Commissioners of India 2020

Appointment and removal of Election Commission (EC)

  • Appointment: Chief Election Commissioner and Election Commissioners are to be appointed by the President of India. They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
    • They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
  • Removal process:
    • Chief Election Commissioner: S/he is to be removed from office only through a process of removal similar to that of a Supreme Court judge for by Parliament.
    • CEC can be removed from office through a motion adopted by Parliament on grounds of ‘Proved misbehavior or incapacity. Removal requires a special majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house.
    • Other Election Commissioners: they can be removed from the office by the President only on the recommendation of the CEC.

Election Commission Released COVID Guidelines for General Election/ Bye Elections to Legislative Assemblies

Election Commission Released COVID Guidelines for General Election/ Bye Elections to Legislative Assemblies

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