Ten opposition leaders from Assam, representing various political parties, have collectively approached the Supreme Court to challenge a draft proposal put forth by the Election Commission of India (ECI) regarding the delimitation of the state's assembly and Lok Sabha constituencies. The petitioners, including members from the Indian National Congress, Trinamool Congress, Nationalist Congress Party, Rashtriya Janata Dal, CPI, CPM, Assam Jatiya Parishad, Raijor Dal, and Anchalik Gana Morcha, have raised concerns about the methodology adopted by the Election Commission and the proposed redrawing of constituency boundaries.
The petition, filed through Advocate Fuzail Ahmad Ayyubi, specifically questions the Election Commission's methodology of considering different average assembly sizes for different districts, arguing that population density should not play a role in the delimitation process. The petitioners assert that the Constitution of India aims to ensure constituencies have almost equal populations, yet the use of 2001 Census data has resulted in the creation of three categories of districts with different yardsticks. This approach potentially leads to a deviation of up to 33 percent between the populations of the largest and smallest constituencies.
In addition to challenging the draft proposal, the petitioners have raised constitutional concerns about Section 8A of the Representation of People Act, 1950, which grants the Election Commission the authority to conduct delimitation. They argue that this provision is arbitrary, opaque, and discriminates against Assam and three other northeastern states, as delimitation exercises for the rest of the country, including Jammu and Kashmir, were conducted by a high-powered body led by a retired Supreme Court judge.
The petition also cites alleged statements made by the Chief Minister of Assam, which suggest that the delimitation exercise is biased and advantageous to the ruling Bharatiya Janata Party (BJP). Such statements have raised doubts about the independence of the delimitation process and have eroded public confidence in the entire exercise.
The delimitation process in Assam began in December of the previous year, utilizing 2001 Census data as mandated by Section 8A of the Representation of the People Act, 1950. The Election Commission's draft proposal, released on June 20, aims to redraw the boundaries of the state's assembly and Lok Sabha constituencies based on changes in demography. While the total number of constituencies remains the same, 30 assembly constituencies will cease to exist, and 26 new ones will be created.
The Election Commission has invited suggestions and objections from individuals and organizations regarding the draft proposal until July 11. In July 2023, the Commission plans to conduct a public hearing on the proposal during its visit to Assam.
The ten opposition leaders, led by Lurinjyoti Gogoi from Assam Jatiya Parishad, have taken their grievances to the Supreme Court, challenging both the draft proposal and the constitutional validity of Section 8A. Other prominent leaders among the petitioners include Debabrata Saikia and Rokibul Hussain from the Indian National Congress, Akhil Gogoi from Raijor Dal, Manoranjan Talukdar from CPI(M), Ghanakanta Chutia from Trinamool Congress, Munin Mahanta from CPI, Diganta Konwar from Anchalik Gana Morcha, Mahendra Bhuyan from the Nationalist Congress Party, and Swarna Hazarika from Rashtriya Janata Dal.
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