Jamiat challenges delimitation process in Assam: SC seeks Centre’s response

July 17, 2020

New Delhi:The Supreme Court on has sought response from the Central government on a plea submitted by Jamiat Ulama-i-Hind questioning the exercise of delimitation of Assembly and Parliamentary constituencies in the state of Assam.

The Jamiat said the delimitation will serve no purpose as it is based on old data of Census 2001.

Petitioner, Maulana Mahmood Madani, general secretary of Jamiat Ulama-i-Hind, contended that the decision to conduct the pending process of delimitation of Assembly and Parliamentary constituencies was not only a hasty decision but also stood contrary to the main purpose of delimitation. ”The whole affair smacked of a government’s ill intention,” he said in a statement here.

The Jamiat challenged the promulgation of the Presidential Order bearing No. S.O. 903 (E) dated 28th February 2020, through which earlier Notification number S.O. 283 (E) dated 8th February 2008 deferring the process of delimitation for the State of Assam, has been rescinded and it has been decided to resume the process despite the fact the reasons for which the previous delimitation in 2008 was deferred are still prevailing in the State.

Earlier in 2002, on the representation of State of Assam, the process of delimitation of constituencies for the State of Assam was deferred in 2008 in the absence of true configuration of population in Assam and citing reason of threat to peace, public order, and unity and integrity of India.

The situation in Assam is not conducive for the following reasons:

Delimitation is to be carried out on the basis of most recent Census and not on the basis of figures of 2001 Census as notified. Most recent Census 2021 is to be done next year in 2021.

The preparation of the National Register of Citizens (in short ‘NRC’), Assam has not been finalized. As more than 19 lakh persons, have been excluded from NRC and they have to prove their citizenship before Foreigners Tribunals.

Moreover, the NRC is being prepared on the basis of Section 6A of the Citizenship Act, 1955, and vires of Section 6A itself is under challenge before this Hon’ble Court.

The Citizenship (Amendment) Act, 2019 was passed by the Parliament which resulted into widespread violent protest in entire country including State of Assam. Several organization of Assam challenged the said before this Hon’ble Court which are still pending.

The petitioner also challenged the Constitutionality of the Citizenship (Amendment) Act, 2019 before Hon’ble Supreme Court.

7. On 27.01.2020 the Government of India signed BTR (Bodoland Territorial Region) Accord with National Democratic Front of Bodoland (NDFB) and All Bodo Students Union (ABSU), where the villages dominated by the Bodo’s that are presently outside the BTAD (Bodo Territorial Autonomous District) area, would be included in future and those with non Bodo population will be excluded, but till date no boundaries fixed/demarcated. The existing BTAD seats are expected to increase from 40- 60.

The writ petition was argued by Mr Shakil Ahmad Syed, Advocate assisted by Mohd Parvez Dabas, Uzmi Jameel Husain and Daanish Ahmad Syed, Advocates, before the Hon’ble Supreme Court.

The notice was issued yesterday.

Solicitor General, Mr. Tushar Mehta, appeared on behalf of Union of India.

–India News Stream