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SC in Kishorchandra Chhanganlal Rathod case held that constitutional courts have the power to review orders of the Delimitation Commission if an order is manifestly arbitrary and irreconcilable to constitutional values.
- Earlier Gujarat HC had dismissed petition challenging delimitation exercise, taking note of Article 329(a) of Constitution, which bars interference by Court in electoral matters.
Earlier SC’s Judgments
- DMK v. State of T.N: Rejected complete bar on judicial intervention, it held that constitutional Court can intervene to facilitate the elections or when a case for mala fide or arbitrary exercise of power is made out.
- Meghraj Kothari's case: The judicial interference was restricted only to avoid unnecessary delay in the election process. It does not put complete restriction on judicial review.
About Delimitation
- Delimitation is the process of fixing the number of seats and boundaries of territorial constituencies in each State for the Lok Sabha and Legislative assemblies.
- Responsibility of delimitation is assigned to a high-power body known as Delimitation Commission (Boundary Commission)
- Under Article 82, delimitation is done by such authority and in such manner that Parliament may, by law, determine.
- In India, such Delimitation Commissions have been constituted 4 times – in 1952, 1963, 1973 and 2002.
