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REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT 2008

Ministry of Law and Justice


  • Representation of the People (Amendment) Act 2008

Section 1. Short title and commencement

(1) This Act may be called the Representation of the People (Amendment) Act, 2008.

(2) It shall come into force on such date1 as the Central Government may, by notification in the official Gazette, appoint.

1. The Appointed Date for the Enforcement of the Representation of the People (Amendment) Act, 2008 is 16th day of April, 2008 vide Notification No : SO881(E) dated 16.04.2008.


Section 2. Amendment of 4

In section 4 of the Representation of the People Act, 1950(43 of 1950) (hereinafter referred to as the principal Act), for sub-section (5), the following sub-section shall be substituted, namely:--

"(5) Save as provided in sub-section (4), the extent of all parliamentary constituencies except the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 and the extent of the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of sections 10A and 10B of the Delimitation Act, 2002(33 of 2002).".

Section 3. Amendment of section 7

In section 7 of the principal Act,--

(i) in sub-section (1B), in clause (a), for the words "thirty-nine seats", the words "fifty-nine seats" shall be substituted;

(ii) for sub-section (3), the following sub-section shall be substituted, namely:--

"(3) The extent of each assembly constituency in all the States and Union Territories except the assembly constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002(33 of 2002) and the extent of each assembly constituency in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of sections 10A and 10B of the Delimitation Act, 2002.".

Section 4. Amendment of section 8

In section 8 of the principal Act,--

(i) for sub-section (1), the following sub-section shall be substituted, namely:--

"(1) Having regard to all the orders referred to in sub-section (5) of section 4 and sub-section (3) of section 7 relating to the delimitation of parliamentary and assembly constituencies in all States and Union Territories, except the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland, made by the Delimitation Commission and published in the Official Gazette, the Election Commission shall--

(a) after making such amendments as appear to it to be necessary for bringing up-to-date the description of the extent of the parliamentary and assembly constituencies as given in such orders, without, however, altering the extent of any such constituency;

(b) after taking into account the provisions of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, as made applicable pursuant to the orders made by the President under section 10A of the Delimitation Act, 2002(33 of 2002) relating to delimitation of parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland, and the provisions of section 10B of the said Act relating to delimitation of parliamentary and assembly constituencies in the State of Jharkhand,

consolidate all such orders into one single order to be known as the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 and shall send authentic copies of that Order to the Central Government and to the Government of each State having a Legislative Assembly; and thereupon that Order shall superseed all the orders referred to in sub-section (5) of section 4 and sub-section (i) of section 7 and shall have the force of law and shall not be called in question in any court.";

(ii) in sub-section (3), for the words, brackets and figures "as provided in sub-section (5) of section 10 of the Delimitation Act, 1972(76 of 1972)", the words, brackets and figures "as provided in sub-section (5) of section 10 of the Delimitation Act, 2002(33 of 2002)" shall be substituted.

Section 5. Insertion of new section 8A

After section 8 of the principal Act, the following section shall be inserted, namely:--

"8A. Delimitation of Parliamentary and Assembly Constituencies in the State of Arunachal Pradesh, Assam, Manipur or Nagaland- (1) If the President is satisfied that the situation and the conditions prevailing in the States of Arunachal Pradesh, Assam, Manipur or Nagaland are conducive for the conduct of delimitation exercise, he may, by order, rescind the deferment order issued under the provisions of section 10A of the Delimitation Act, 2002(33 of 2002) in relation to that State, and provide for the conduct of delimitation exercise in the State by the Election Commission.

(2) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine--

(a) the parliamentary constituencies into which such State to which more than one seat is allotted in the First Schedule shall be divided;

(b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(3) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine--

(a) the assembly constituencies into which such State shall be divided for the purpose of elections to the Legislative Assembly of that State;

(b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(4) Subject to the provisions of sub-section (1), the Election Commission shall, having regard to the provisions of the Constitution and the principles specified in clauses (c) and (d) of sub-section (1) of section 9 of the Delimitation Act, 2002(33 of 2002) determine the parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes.

(5) The Election Commission shall,--

(a) publish its proposals under sub-sections (2), (3) and (4) with respect to any State in the Official Gazette and also in such other manner as it thinks fit;

(b) specify a date on or after which the proposals will be further considered by it;

(c) consider all objections and suggestions which may have been received by it before the date so specified;

(d) hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in such State as it thinks fit;

(e) after considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the delimitation of parliamentary and assembly constituencies in the State and also the constituency or constituencies in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the force of law and shall not be called in question in any court and the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 shall be deemed to have been amended accordingly.

(6) Every order made under sub-sections (1) and (2) and clause (e) of sub-section (5) shall be laid before each House of Parliament.

(7) Every order made under sub-sections (1) and (3) and clause (e) of sub-section (5) shall, as soon as may be after it is published under that sub-section, be laid before the Legislative Assembly of the State concerned.".

Section 6. Amendment of section 9

In section 9 of the principal Act, in sub-section (1), for clauses (a) and (aa), the following clauses shall be substituted, namely:--

"(a) correct any printing mistake in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 or any error arising therein from inadvertent slip or omission;

(aa) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 as appear to it to be necessary or expedient for consolidating with that Order any notification or order relating to delimitation of Parliamentary or assembly constituencies (including reservation of seats for the Scheduled Castes or the Scheduled Tribes in such constituencies) issued under section 8A of this Act or any other Central Act;".

Section 7. Omission of sections 9A and 9B

Section 9A and section 9B of the principal Act shall be omitted.

Section 8. Substitution of new Schedules for the First Schedule and the Second Schedule

For the First Schedule and the Second Schedule of the principal Act, the following Schedules shall be substituted, namely:--

"THE FIRST SCHEDULE

(See section 3)

Allocation of seats in the House of the People

Name of the State/Union territory

Number of seats in the House as constituted in 2004 on the basis of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended from time to time

Number of seats in the House as subsequently constituted as per the Delimitation of Parliamentary and Assembly Constituencies Order, 2008

Total

Reserved for the Scheduled Castes

Reserved for the Scheduled Tribes

Total

Reserved for the Scheduled Castes

Reserved for the Scheduled Tribes

1

2

3

4

5

6

7

I. STATES:

1.

Andhra Pradesh

42

6

2

42

7

3

2.

Arunachal Pradesh

2

..

..

2

..

..

3.

Assam

14

1

2

14

1

2

4.

Bihar

40

7

40

6

..

5.

Chhattisgarh

11

2

4

11

1

4

6.

Goa

2

..

..

2

..

..

7.

Gujarat

26

2

4

26

2

4

8.

Haryana

10

2

..

10

2

..

9.

Himachal Pradesh

4

1

..

4

1

..

10.

Jammu and Kashmir

6

..

..

6

..

11.

Jharkhand

14

1

5

14

1

5

12.

Karnataka

28

4

..

28

5

2

13.

Kerala

20

2

..

20

2

..

14.

Madhya Pradesh

29

4

5

29

4

6

15.

Maharashtra

48

3

4

48

5

4

16.

Manipur

.2

..

1

2

..

1

17.

Meghalaya

2

..

..

2

..

2

18.

Mizoram

1

..

1

1

..

1

19.

Nagaland

1

..

..

1

..

..

20.

Orissa

21

3

5

21

3

5

21.

Punjab

13

3

..

13

4

..

22.

Rajasthan

25

4

3

25

4

3

23.

Sikkim

1

..

..

1

..

..

24.

Tamil Nadu

39

7

..

39

7

..

25.

Tripura

2

..

1

2

..

1

26.

Uttarakhand

5

..

..

5

1

..

27.

Uttar Pradesh

80

18

..

80

17

..

28.

West Bengal

42

8

2

42

10

2

II. UNION TERRITORIES:

I.

Andaman and Nicobar

Islands

1

..

..

1

..

..

2.

Chandigarh

1

..

..

1

..

..

3.

Dadra and Nagar Haveli

1

..

1

1

..

1

4.

Delhi

7

1

..

7

1

..

5.

Daman and Diu

1

..

..

1

..

..

6.

Lakshadweep

1

..

1

1

..

1

7.

Puducherry

1

..

..

1

..

..

Total:

543

79

41

543

84

47

THE SECOND SCHEDULE

(See sections 7 and 7A)

Total number of seats in the Legislative Assemblies

Name of the State/ Union territory

Number of seats in the House as constituted on the basis of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended from time to time

Number of seats in the House as subsequently constituted as per the Delimitation of Parliamentary and Assembly Constituencies Order, 2008

Total

Reserved for the Scheduled Castes

Reserved for the Scheduled Tribes

Total

Reserved for the Scheduled Castes

Reserved for the Scheduled Tribes

1

2

3

4

5

6

7

I. STATES:

1.

Andhra Pradesh

294

39

15

294

48

19

2.

Arunachal Pradesh

60

..

59

60

..

59

3.

Assam

126

8

16

126

8

16

4.

Bihar

243

39

243

38

2

5.

Chhattisgarh

90

10

34

90

10

29

6.

Goa

40

1

..

40

1

..

7.

Gujarat

182

13

26

182

13

27

8.

Haryana

90

17

..

90

17

..

9.

Himachal Pradesh

68

16

3

68

17

3

10.

Jammu and Kashmir*

76

6

..

11.

Jharkhand

81

9

28

81

9

28

12.

Karnataka

224

33

2

224

36

15

13.

Kerala

140

13

1

140

14

2

14.

Madhya Pradesh

230

34

41

230

35

47

15.

Maharashtra

288

18

22

288

29

25

16.

Manipur

60

1

19

60

1

19

17.

Meghalaya

60

..

55

60

..

55

18

Mizoram

40

..

39

40

..

38

19.

Nagaland

60

..

59

60

..

59

20.

Orissa

147

22

34

147

24

33

21.

Punjab

117

29

117

34

..

22.

Rajasthan

200

33

24

200

34

25

23.

Sikkim

32

2

12**

32

2

12**

24.

Tamil Nadu

234

42

3

234

44

2

25.

Tripura

60

7

20

60

10

20

26.

Uttarakhand

70

12

3

70

13

2

27.

Uttar Pradesh

403

89

..

403

85

..

28.

West Bengal

294

59

17

294

68

16

II. UNION TERRITORIES:

1.

Delhi

70

13

..

70

12

..

2.

Puducherry

30

5

..

30

5

..

* Under the Constitution of Jammu and Kashmir, the number of seats in the Legislative Assembly of that State excluding the 24 seats earmarked for Pakistan occupied territory is 87 out of which 7 seats have been reserved for the Scheduled Castes in pursuance of the Jammu and Kashmir Representation of the People Act, 1957.

** Reserved 1 scat for Sanghas and 12 seats for the Sikkimese of Bhutia Lepcha origin.