UPSC Prelims 2012 Q54: Indian Polity – Elections & Electoral Reforms
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?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (c) Both 1 and 2
Explanation
Delimitation Commission
The Delimitation Commission redraws the boundaries of Lok Sabha and Assembly constituencies after a census.
| Statement | Verdict | Reason |
|---|---|---|
| 1. The orders of the Delimitation Commission cannot be challenged in a Court of Law | Correct | Its orders have the force of law; Article 329 bars courts from questioning delimitation |
| 2. When the orders are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders | Correct | The orders are only laid; the Houses cannot change them |
About the Commission:
| Point | Detail |
|---|---|
| Set up under | A law of Parliament (Article 82; Article 170 for States) |
| Appointed by | The President |
| Commissions so far | 1952, 1963, 1973 and 2002 |
| Members | A retired Supreme Court judge (chair), the Chief Election Commissioner and State Election Commissioners |
Answer: (c) Both 1 and 2.
Why each option is right or wrong
- (a) Incorrect. Statement 2 is also true; the Houses cannot modify the orders.
- (b) Incorrect. Statement 1 is also true; the orders cannot be challenged in a court.
- (c) CORRECT. The orders are final: no court challenge and no modification by legislatures.
- (d) Incorrect. Both statements are true of the Delimitation Commission.
Key point
Delimitation Commission: set up by Parliament's law (Article 82), orders have force of law, no court challenge (Article 329), no modification by legislatures; 1952, 1963, 1973, 2002.
Remember
Delimitation orders: final, not changeable, not challengeable.
Common mistakes
- Thinking Parliament can amend the orders because they are laid before it.
- Assuming the Election Commission itself does delimitation.
- Forgetting Article 329, which keeps courts out of delimitation matters.
Exam tip
'Laid before the House' does not mean 'approved by the House'. The orders are simply placed there.
Sources
- Constitution of India — Articles 82, 170 and 329
- Delimitation Act, 2002 — Section 10 (Publication of orders and their date of operation)