Bill sets 2013 date for SC/ST seat readjustment

This Bill 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 these lists made after the 2001 Census.

Who it concerns: The Bill affects the Election Commission of India (which will amend the Delimitation Order), the Census Commissioner (who will estimate population figures), and the citizens belonging to Scheduled Castes and Scheduled Tribes in States (excluding Jammu and Kashmir) whose representation is being adjusted.

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 is empowered to amend the Delimitation Order to ensure proper representation for these groups, in accordance with Articles 81, 170, 330, and 332 of the Constitution.
• The Election Commission must publish proposals, consider objections, and hold public sittings before finalizing amendments to the Delimitation Order.
• Amendments to the Delimitation Order take effect upon publication in the Gazette of India and cannot be challenged in any court.
• The readjustment applies to all elections held after the publication of the amendments, superseding provisions in the Representation of the People Act, 1950, but does not affect the current composition of the House or Assembly until their dissolution.
• The Central Government may make orders to remove difficulties in implementing the Act for a period of two years.
• The Bill validates actions taken under the lapsed Ordinance of 2013 and repeals that Ordinance.

Also in the document

• The Bill is deemed to have come into force on January 30, 2013.
• It repeals the Readjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies (Second) Ordinance, 2013.
• The population figures notified by the Census Commissioner are final and cannot be questioned in any court.
• The Bill explicitly excludes the State of Jammu and Kashmir from its definition of 'State'.