LexPUBLIC INTEREST COMMITTEE FOR SCHEDULING SPECIFIC AREAS AND ANR versus UNION OF INDIA & ORS.
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[2023] 16 S.C.R. 1074 : 2023 INSC 1086 1074 CASE DETAILS PUBLIC INTEREST COMMITTEE FOR SCHEDULING SPECIFIC AREAS AND ANR. v. UNION OF INDIA & ORS. (Writ Petition (Civil) No 443 of 2017) NOVEMBER 23, 2023 [DR DHANANJAYA Y CHANDRACHUD, CJI, J B PARDIWALA AND MANOJ MISRA, JJ.] HEADNOTES Issue for consideration: Matter pertains to the scope of the Court’s power to issue directions for the grant of proportional representation for the Limboo-Tamang Scheduled Tribes in the House of the People and in the Legislative Assemblies of West Bengal and Sikkim in terms of the mandate of Articles 330 and 332 of the Constitution; and directions to the Delimitation Commission as well as the Election Commission to eff ectuate the mandate of Art. 332 of the Constitution, in respect of Limboo Tamang Scheduled Tribe, by undertaking necessary changes to the Delimitation Notifi cation of 2006 and the Delimitation Order of 2008. Delimitation Act, 2002 – Delimitation Notification of 2006 under – Petitioners case that 2006 Delimitation Notifi cation did not accommodate the newly inducted Limboo Tamang Scheduled Tribes designated as such under the Amending Act of 2002 – Delimitation Commission if can amend the Delimitation Notifi cation of 2006: Held: In view of Art. 329 of the Constitution, the Delimitation Notifi cation of 2006 cannot be called into question – Any changes to the 2006 Notifi cation, could only have been made in accordance with the Delimitation Act – Act envisages changes/suggestions only until the publication of the fi nal notifi cation, consequent to which, the notifi cation assumes the force of law in supersession of any other law for the time being in force – Delimitation Act only provides for changes prior to the fi nal notifi cation – Once published, the Notifi cation cannot be amended even by the Delimitation Commission 1075 under the 2002 Act – Thus, the Delimitation Commission cannot amend the Delimitation Notifi cation of 2006. [Paras 56, 57] Constitution of India – Art. 324 – Powers of the Election Commission under – Scope of: Held: Article 324 vests wide-ranging powers in the Election Commission – Power u/Art. 324, though plenary, is not untrammeled, but is conditioned by the provisions of the statutes governing the fi eld – Power of the Election Commission u/Art. 324 is meant to supplement and not supplant the law made by the Parliament and must be read in harmony with the provisions of the statutes governing the fi eld-which include the Delimitation Act, 2002 and the Representation of People’s Act, 1950. [Paras 58, 60] Representation of People’s Act, 1950 – ss. 8, 10 and 10-A – Election Commission, if can amend the 2008 Order to the extent that they do not provide for reservations for members of the Limboo-Tamang Scheduled Tribe, to incorporate those changes: Held: U/s. 8, the Election Commission is to consolidate Orders made by the Delimitation Commission u/s. 10, 10-A and 10-B of the Delimitation Act – Consolidation has been carried out by the Election Commission and the 2008 Delimitation of Parliamentary and Assembly Constituencies Order is an outcome of this consolidation – Once consolidated in this manner, s. 9 comes into operation which implies that if the Election Commission considers it necessary and expedient, it may consolidate with the 2008 Order “any notifi cation or order relating to delimitation” of constituencies issued u/s. 8A or under any other Central Act, and not all orders and notifi cations whatsoever – Amending Act of 2002 which designates Limboo-Tamang Scheduled Tribes is enacted u/Arts.341(2) and 342(2) of the Constitution – It does not relate to delimitation, but to designation of certain Castes and Tribes as Scheduled Castes and Tribes for the purpose of Art. 366 – For the Election Commission to act, there must be an order that relates to delimitation issued u/s. 8-A or under a Central Act – Neither of these conditions present as far as the Amending Act of 2002 is concerned, to warrant the exercise of power u/s. 9(1)(aa) – Thus, the RP Act does not envisage a duty vested in the Election Commission to amend the 2008 Order to include the 2002 Amending Act. [Paras 61, 63, 67-70] PUBLIC INTEREST COMMITTEE FOR SCHEDULING SPECIFIC AREAS v. UOI] 1076 SUPREME COURT REPORTS [2023] 16 S.C.R. Representation of People’s Act - s. 9 - Delimitation Act, 2002 – s. 11 – Non-inclusion of the Limboo Tamang Scheduled Tribes in the 2006 Notifi cation and 2008 Order :
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