NEW DELHI, Nov 19: The Supreme Court of India on Tuesday pressed the Union government regarding the longstanding delay in conducting delimitation exercises for the states of Nagaland, Arunachal Pradesh, and Manipur, in the case titled Delimitation Demand Committee for the State of Arunachal Pradesh, Assam, Manipur and Nagaland in North East India vs Union of India and ors.

A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar emphasized that there is a statutory mandate requiring this exercise. The Court noted that in February 2020, then-President Ram Nath Kovind had rescinded a previous order deferring the delimitation exercise in Nagaland, Arunachal Pradesh, Manipur, and Assam, based on improved security conditions in these states. However, the Court observed that subsequent steps for delimitation had only been implemented in Assam.

The Bench questioned the Centre’s inaction regarding the other three states. “Once the President rescinds the notification (deferring delimitation), it is enough,” remarked Justice Kumar, highlighting the necessity for action.

Additional Solicitor General of India (ASG) KM Nataraj cited the sensitive situation in northeastern states, mentioning local opposition to delimitation in Arunachal Pradesh. In response, Justice Kumar pointedly asked, “What were you doing since four years? What have you done to set the ball rolling?” He further noted, “Once the deferment order is rescinded, the Election Commission cannot say it will not be done.”

The CJI echoed concerns, stating, “We get Manipur, but what about other (States)? Arunachal also, nothing.” The Court ultimately adjourned the matter, requesting the ASG to seek further instructions.

“Take instructions. Exercise has to be done. It is a statutory mandate. If 12A (Delimitation Act) is not re-notified, then you are in difficulty. Matter adjourned on request of the learned Additional Solicitor General to take instructions. List in January 2025,” the Court ruled.

The Court was addressing a public interest litigation (PIL) petition urging that the delimitation exercise be conducted in Nagaland, Arunachal Pradesh, Manipur, and Assam. The petition contends that the process of delimitation is a constitutional obligation that has remained unmet in these four states for the past 51 years.

Back in July 2022, the Court had requested responses from the Central government, the Election Commission of India, and the states of Assam, Manipur, Nagaland, and Arunachal Pradesh. During the pendency of the case, Assam’s delimitation was completed, with the 2024 general elections conducted based on newly redrawn parliamentary seats.

In September 2022, the Supreme Court issued notice on a separate petition challenging the exclusion of the four northeastern states from the delimitation exercise. The Court had previously upheld such exercises for the Union Territory of Jammu and Kashmir (J&K), stating that the circumstances of the four northeastern states are significantly different from those in J&K.