Constitution of Delimitation Commission
Section 3 of the Delimitation Act, 2002 deals with constitution of Delimitation Commission. As soon as may be after the commencement of this Act, the Central Government shall constitute a Commission to be called the Delimitation Commission which shall consist of three members as follows:-- (a) one member, who shall be a person who is or has been a Judge of the Supreme Court, to be appointe The Act came into force on 03 Jun 2002.
As soon as may be after the commencement of this Act, the Central Government shall constitute a Commission to be called the Delimitation Commission which shall consist of three members as follows:--
(a) one member, who shall be a person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government who shall be the Chairperson of the Commission;
(b) the Chief Election Commissioner or an Election Commissioner nominated by the Chief Election Commissioner, ex officio:
Provided that after the nomination of an Election Commissioner as a member under this clause, no further nomination under this clause shall be made except to fill the casual vacancy of such member under section 6; and
(c) the State Election Commissioner of concerned State, ex officio.
1[Explanation.-- For the purposes of clause (c), the State Election Commissioner of concerned State,--
(i) in respect of the duties of the Commission relating to a State (other than the States of Meghalaya, Mizoram and Nagaland), means the State Election Commissioner appointed by the Governor of that State under clause (1) of article 243K; and
(ii) in respect of the duties of the Commission relating to the State of Meghalaya or the State of Mizoram or the State of Nagaland, as the case may be, means a person nominated by the Governor of that State for such purposes].
Section 3, The Delimitation Act, 2002 (Act 33 of 2002).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 6
- s. 2 Definitions
- s. 6 Casual vacancies
- s. 10 Publication of orders and their date of operation
- Government of Union Territories Act s. 43D Special provision for determination of constituencies in the Legislative Assembly of Goa, Daman and Diu for Scheduled Castes and Scheduled Tribes
- Government of Union Territories Act s. 43C
- Jammu and Kashmir Reorganisation Act s. 59 Definitions
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Haji Abdul Gani Khan & Anr. v. Union of India & Ors.
Court's Decision & Legal Precedent
SC held that Delimitation Act s.10(6)'s outer date ("endeavour" to complete/publish by 31.07.2008) is directory, not mandatory: the word "endeavour" and the existence of s.10A (Presidential power to defer delimitation in a State) show the deadline was never intended to be sacrosanct or to exhaust the s.3 constitution power. Consequently a post-2008 Commission notification and subsequent publication of delimitation orders under s.10 remain competent. DATE CHECK: Judgement body New Delhi; February 13, 2023 matches index.
On this section: s.3 Constitution of Delimitation Commission — Central Government may constitute a Commission when the Act is freshly extended to a territory; power is not exhausted by an earlier nationwide Commission or by the s.10(6) endeavour deadline.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 3
What have the courts held on Section 3 of the Delimitation Act?
Haji Abdul Gani Khan & Anr. v. Union of India & Ors. (13 Feb 2023) is the leading judgment on this section among those set out below: s.3 Constitution of Delimitation Commission — Central Government may constitute a Commission when the Act is freshly extended to a territory; power is not exhausted by an earlier nationwide Commission or by the s.10(6) endeavour deadline.
How do I find court cases under Section 3 of the Delimitation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Delimitation Act 2002 3, section 3 Delimitation Act 2002, section 3 of the Delimitation Act. People searching for it also type limitation act 3 years. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Haji Abdul Gani Khan & Anr. v. Union of India & Ors. (13 Feb 2023).
What should I read with Section 3 of the Delimitation Act, and has it changed?
Its own text turns on section 6 (Casual vacancies), so none of them can safely be read on its own. 6 other provisions in this corpus refer back to it.
When did Section 3 of the Delimitation Act come into force?
Section 3 of the Delimitation Act, cited as Delimitation Act 2002 3, came into force on 03 Jun 2002, having been enacted on 03 Jun 2002. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.