Myself Zakaria Barbhuiya, Activist and student from Assam. Sir recently Center has issued notification for Delimitation of constituencies in the state of Assam, Nagaland, Manipur, Arunachal Pradesh, Jharkhand, Jammu and Kashmir under Delimitation Act 2002. Sir, delimitation in our state was deferred citing law and order situation, NRC process etc in 2008. Interim order of Guwahati High Court in PIL 62/2007 of Ram Prasad Sarmah Vs Union of India also suspended the Delimitation process at that time. Today as we are much aware of the sentiments in Assam against CAA which has created much chaos among people in Assam and the incomplete process of NRC is still pending. The law and order situation is volatile. Illegal immigrants issue is still relevant. As Delimitation is done on the basis of census, so on 28th February 2020 the centre issued a notification for resumption of delimitation process in Assam under Delimitation Act 2002. Sir my question is that, delimitation act 2002 was framed and it was decided to follow 2001 census, so does this notification of 28th February 2020( which is as per 2002 Delimitation Act) means that they are going to follow the 2001 census?
Can we go to High Court/Supreme Court under the below reasons:-
1) The NRC process is incomplete. 19 lakh foreigners were marked and the state government is also asking for reverification of NRC. One major reason for the deferment of the process in 2008 was NRC. So is it justified to go for Delimitation without completing NRC?
2) Since 2021 census is very near. So is it justified to follow 2001 or 2011 census in the year 2020 when we are heading towards delimitation of constituencies again after 2026?
3) The law and order situation in Assam is not so good due to protests against CAA. So it may have far reaching consequences as regard law and order situation.
4) Since 2002 Delimitation Act was enacted as per 2001 census and 28th February 2002 notification was issued as per 2002 Delimitation Act so does this mean 2001 census Will be followed now? Can court quash this notification because over these years demographic changes had occurred majorly. So will it be unjustified and irrational now to follow 2001 census?
