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With reference to the Delimitation Commission, consider the following statements: 1. The orders of the Delimitation Commission cannot be challenged in a Court of Law. 2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders. Which of the statements given above is/are correct?
Explanation
The Delimitation Commission is a high-powered body whose orders carry the force of law and cannot be called into question before any court of law. This judicial immunity is supported by Article 329(a) of the Constitution, which bars judicial interference in laws relating to the delimitation of constituencies or allotment of seats. The Supreme Court, in cases like Meghraj Kothari v. Delimitation Commission, has upheld that these orders are treated with the same finality as a law made by Parliament. Furthermore, while the Commission's orders are laid before the Lok Sabha and the respective State Legislative Assemblies, these legislative bodies do not possess the authority to effect any modifications or amendments to the orders. This ensures the independent and definitive nature of the Commission's mandate to prevent political gerrymandering and ensure demographic equity [1].
Sources
- [1] https://lawfaculty.du.ac.in/userfiles/downloads/25/Delimitation%20Conference.pdf