Census Commissioner's 2001 SC-ST population figures final, cannot be challenged

This law provides for the readjustment of reserved seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies, and the redrawing of constituency boundaries, to reflect changes in their population lists made after the 2001 census.

Who it concerns: The law affects the Election Commission of India (which must amend the Delimitation Order), the Census Commissioner (who must estimate population figures), and the citizens belonging to Scheduled Castes and Scheduled Tribes in all States and Union Territories with Legislative Assemblies, excluding Jammu and Kashmir.

What the bill does

• The Census Commissioner must ascertain or estimate the population of Scheduled Castes and Scheduled Tribes as of March 1, 2001, based on amendments to their lists made up to May 31, 2012.
• The Election Commission must amend the Delimitation Order to ensure proper representation for these groups, considering the new population figures.
• The Election Commission must publish proposals, hold public sittings to consider objections, and then finalize amendments to the Delimitation Order.
• Amendments to the Delimitation Order have the force of law and cannot be challenged in any court.
• The new seat allocations apply to all elections held after the publication of the amendments, but do not affect the current composition of the House of the People or State Assemblies until their dissolution.
• The Election Commission has the powers of a civil court to summon witnesses, require documents, and requisition public records.
• The Central Government may make orders to remove difficulties in implementing the Act, provided they are made within two years of commencement.

Also in the document

• The Act repeals the Readjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies (Third) Ordinance, 2013.
• The Act validates actions taken under the previous Ordinance (Ordinance 6 of 2013) as if they were done under this Act.
• The Act is deemed to have come into force on January 30, 2013.
• The population figures notified by the Census Commissioner are final and cannot be questioned in any court.