In a recent development, the Supreme Court has underscored the need for the Central government to consider a restructuring of the Delimitation Commission to ensure fair representation for Scheduled Castes (SC) and Scheduled Tribes (ST) communities. The directive came from a panel comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra, who urged the government to engage in discussions with the Chief Election Commissioner on the proposed reconstitution of the Delimitation Commission.

The court set a deadline for the government, requiring a viable solution to be presented by Thursday, November 23, emphasizing the seriousness of the matter. Notably, the court highlighted the absence of delimitation efforts since 2008, stating, "This is a matter which would warrant serious and concerted consideration by the Centre."

While acknowledging its limitations in directing Parliament to enact a law, the court stressed that the Union government should carefully consider the possibility of reconstituting the Delimitation Commission, particularly with the aim of ensuring justice for SC and ST communities.

The court's engagement with this issue stemmed from a Public Interest Litigation (PIL) that sought fair representation of Scheduled Tribes in the legislative assemblies of West Bengal and Sikkim. Despite the Central government's argument that the Delimitation Commission cannot be formed until the completion of the 2026 census, the court dismissed this claim.

The court pointed out that Article 371(F) of the Constitution could provide a pathway specifically for Sikkim, offering special legal provisions for the state. It emphasized that there should be no doubt about the constitutional foundation of the claim for proportional representation by the Limbu and Tamang communities, both recognized as Scheduled Tribes (STs).

The court drew attention to the fact that in 2018, the Ministry of Home Affairs initiated the process of increasing seats in the Sikkim Legislative Assembly from 32 to 40, with the intention of providing reservations for the Limbu and Tamang tribes. However, no further action had been taken in this regard.

Addressing the legal framework, the court highlighted Article 327, granting Parliament authority to establish provisions concerning elections, including the delimitation of constituencies. Regarding Article 325, the court asserted that the Election Commission (EC) holds extensive powers concerning the control and supervision of elections.

The Election Commission informed the court that it lacks the authority to handle the readjustment of seats, indicating that such adjustments would require amendments to the Representation of the People Act. Contrary to petitioners' claims that the Election Commission could rectify the omission to acknowledge the proportional representation of the Limbu and Tamang tribes, the court did not agree.

The court has scheduled a further hearing on the matter for the upcoming day, underscoring the ongoing significance of the issue at hand.