CEC in Assam: Delimitation, NRC can be simultaneous processes

Delimitation Commission

The Delimitation Commission is established by Parliament under Article 82 to determine allocation of seats in the House of the People to the States based on 1971 Census and divide states into territorial constituencies based 2001 Census.

Delimitation means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body. In India, the job of delimitation has been assigned to a high power body known as Delimitation Commission or Boundary Commission.

Orders of Delimitation Commission cannot be called in question before any Court of law. 

The copies of its orders are laid before the House of People and the State Legislative Assembly concerned, but no modifications are permissible therein by them. 

The Central Government shall constitute a Commission to be called the Delimitation Commission which shall consist of three members as follows: 

(a) one member, who shall be a person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government who shall be the Chairperson of the Commission; 

(b) the Chief Election Commissioner or an Election Commissioner nominated by the Chief Election Commissioner, ex officio: 

(c) the State Election Commissioner of concerned State, ex officio. 

The Commission shall determine its own procedure and shall, in the performance of its functions, have all the powers of a civil court under the Code of Civil Procedure. 

Role played by delimitation commission 

• Balance of representation to achieve the ideals of ‘One Vote One Value’ 
• Ensure adequate representation to vulnerable sections including SC/ST. 
• Fair division of geographical areas for adequate representation of diverse communities. 

Challenges 

• Delimitation exercise is restricted by Constitution 84th and 87th Amendment. 
• This has frozen the seats in Lok Sabha and State Assemblies till 2026. 
• Seats reserved for SC and ST population also remains frozen and increasing population of vulnerable section is not accounted for. 

Thus the need of the hour is to develop a National consensus exercise for undertaking delimitation along with 2031 census to ensure adequate representation of states and vulnerable sections of India. 

National Register of Population (NRC)

• The National Register of Citizens (NRC) is the register containing names of Indian citizens. The only time that a National Register of Citizens (NRC) was prepared was in 1951 when after conduct of the Census of 1951, the NRC was prepared by recording particulars of all the persons enumerated during that Census.
• It was only done by the state of Assam , though it was mandated for all the states. However, recently Home Ministry has expressed, that it is planning to do this process for entire country.
• Citizenship being a subject of the Union List, policy decisions, guidelines and funds for NRC updation are provided by the Central Government but its implementation is done through the State Government machinery under the guidance of the Registrar General of India who functions as the Registrar General of Citizen Registration under Rule 15 of Citizenship Rules, 2003 as amended in 2009 and 2010.
• The provisions governing NRC updation are The Citizenship Act, 1955, and The Citizenship (Registration of Citizens and Issue of National Identity cards) Rules, 2003 (prepared under The Citizenship Act, 1955).