Section 38 of The Government of National Capital Territory of Delhi Act, 1991 in hindi
Election Commission to delimit constituencies.
- (1)The Election Commission shall, in the manner herein provided, distribute the seats assigned to the Legislative Assembly under section 3 to single-member territorial constituencies and delimit them having regard to the following provisions, namely:—
- (a)all constituencies shall, as far as practicable, be delimited in such manner that the ratio between the population of each of such constituencies and the total population of the Capital is the same; and
- (b)constituencies in which seats are reserved for the Scheduled Castes shall, as far as practicable, be located in areas where the proportion of their population to the total population is comparatively large.
- (2)The Election Commission shall—
- (a)publish its proposals for the delimitation of constituencies in the Official Gazette and also in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
- (b)consider all objections and suggestions which may have been received by it before the date so specified;
- (c)after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.
Summary
- The Election Commission must divide the seventy seats assigned to the Legislative Assembly under Section 3 into single-member territorial constituencies.
- All constituencies must be planned so that the ratio between each constituency's population and the total population of Delhi is as close to equal as practicable.
- Constituencies reserved for the Scheduled Castes must, as far as practicable, be located in areas where their population is comparatively large.
- The Election Commission must publish its proposed plans in the Official Gazette to invite public objections and suggestions by a set deadline.
- After considering public feedback, the Election Commission issues final delimitation orders, which are published in the Official Gazette, have the full force of law, and cannot be challenged in any court.
Practical examples
FAQ
1. Who is responsible for drawing the boundaries of Delhi's assembly constituencies?
The Election Commission is the authority responsible for dividing and redrawing these boundaries, which is known as delimitation.
2. How does the Commission decide where to reserve seats for Scheduled Castes?
The Commission locates reserved seats, as far as practicable, in areas where the proportion of the Scheduled Castes population to the total population of that area is comparatively large.
3. Can citizens give feedback on the proposed boundaries?
Yes, the Election Commission must publish its proposals and invite public objections and suggestions, which it must consider before finalizing the boundaries.
4. Can a final boundary order be challenged in court?
No, once the final delimitation orders are published in the Official Gazette, they have the full force of law and cannot be questioned in any court.
Test yourself
Q1.Under Section 38 of The Government of National Capital Territory of Delhi Act, 1991, which body is responsible for dividing and delimiting assembly constituencies?
Q2.Under Section 38, read with Section 3 of The Government of National Capital Territory of Delhi Act, 1991, into how many territorial constituencies must the Election Commission distribute the seats?
Q3.Under Section 38 of The Government of National Capital Territory of Delhi Act, 1991, what must the Election Commission do before finalizing the boundaries of the constituencies?
Q4.Under Section 38 of The Government of National Capital Territory of Delhi Act, 1991, what legal status do the final delimitation orders have once they are published in the Official Gazette?