Bill repeals 2013 ordinance, sets SC representation from January 30, 2013

It aims to correct representation based on changes to the lists of these groups made after the 2001 Census.

Who it concerns: The law affects the Census Commissioner, the Election Commission of India, the Central Government, and the legislative bodies (Lok Sabha and State Assemblies). It applies to 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, reflecting any changes to their lists up to May 31, 2012.
• The Election Commission is empowered to amend the Delimitation Order to ensure proper representation for these groups in parliamentary and assembly constituencies.
• The Election Commission must publish proposals, consider public objections, and hold public sittings before finalizing amendments.
• Amendments to the Delimitation Order take effect immediately upon publication in the Gazette of India and cannot be challenged in court.
• The new seat adjustments apply to elections held after the publication of the amendments, but do not affect the current composition of the House or Assembly until its dissolution.
• The Central Government may issue orders to remove difficulties in implementing the Act, provided they are made within two years of commencement.

Also in the document

• The Bill repeals the Readjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies Ordinance, 2013.
• The Act is deemed to have come into force on January 30, 2013.
• The law was enacted in response to a Supreme Court judgment (Virendra Pratap and another vs. Union of India) directing the Election Commission to take steps for the representation of newly included Scheduled Tribes.