MLC Daily Current Affairs - 27 February 2025

Today in History (February 27^th,2002)

In 2002 on 27th February, 59 Hindu pilgrims were killed during the Godhra train burning incident.

Summary of Today’s News

• Prime Minister Narendra Modi has ensured that no Lok Sabha seat will be reduced on a pro rata/in propotion basis.
• Shah emphasized that southern states will receive their rightful share if seats are increased.
Response to Tamil Nadu CM M.K. Stalin’s concerns:
• CM Stalin had warned that Tamil Nadu could lose eight Lok Sabha seats if delimitation is based on population changes from the Census.
• Stalin called for an all-party meeting on March 5, stating Tamil Nadu’s family planning policies have put the state at a disadvantage in terms of electoral representation.
Shah’s clarification at BJP office inauguration:
• Shah reiterated Modi’s assurance in Parliament that no southern state will lose seats due to delimitation.
DMK’s criticism of Shah’s assurance:
• DMK MP A. Raja found Shah’s assurance “confusing.”
• Raja raised the issue of whether the pro rata basis will be based on the existing number of constituencies or population.
• Raja argued that Tamil Nadu should not be punished for its successful family planning policies.
Raja’s concerns regarding delimitation:
• Raja stated that they oppose not just the reduction of seats, but also the increase in seats for north Indian states based on population.
• He argued that pro rata should be based on the 1971 census and the current number of MPs.
• If population is used for delimitation, it would harm Tamil Nadu’s representation, as the state’s population has decreased.
What is Delimitation?
• According to the Election Commission, the word ‘delimitation’ is defined as “the act or process of fixing limits/boundaries of territorial constituencies in a country or a province having a legislative body”.
• In the Indian context, the exercise of redrawing the boundaries of Lok Sabha and Legislative Assembly Constituencies in a region is known as delimitation.
• In this process, the number of seats allocated to a particular state/UT in Lok Sabha or in the Legislative Assembly may vary.
• For example – Delhi, a union territory with legislative assembly, has 7 Lok Sabha constituencies while in the Legislative Assembly it has 70 constituencies.

Why is it needed?
• Delimitation helps in redrawing the boundaries (based on the data of the last Census) in such a way that the population of all the constituencies, as far as practicable, remain equal throughout the State/UT.
• It ensures a fair division of geographical areas so that all political parties or candidates contesting elections have a level playing field in terms of a number of voters.
What are the Constitutional Provisions regarding delimitation in India?
• Article 82 and Article 170 of the Constitution empowers the Parliament to readjust the allocation of seats in the Lok Sabha and the Legislative Assemblies of States respectively, after every census.
• Accordingly, the Parliament enacts a Delimitation Commission Act and an independent high-powered panel known as the Delimitation Commission is constituted to carry out the exercise of delimitation.
• The Parliament has enacted the Delimitation Commission Acts in 1952, 1962, 1972 and 2002 for this purpose.
• The present delimitation of constituencies has been done on the basis of 2001 census data under the provisions of Delimitation Commission Act, 2002.
• The next Delimitation Commission will be set up after 2026.
• Further, Article 330 and Article 332 of the Constitution provide for re-fixing the number of seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and the Legislative Assemblies of the states, on the basis of the 2001 census.
What is Delimitation Commission?
• The Delimitation Commission is a high-powered committee entrusted with the task of drawing and redrawing of boundaries of different constituencies for state assembly and Lok Sabha election.
• It is appointed by the President and works in collaboration with the Election Commission.
The Commission consists of –
• A retired or working Supreme Court Judge (chairperson)
• Election Commissioner
• Concerned State Election Commissioners
• The Commission’s orders have the force of law and cannot be called in question before any court.
• The Commission’s orders are laid before the Lok Sabha and the legislative assemblies concerned, but they cannot affect any modifications in the orders.

A message to district magistrates and the police

• Author: R.K. Vij, Former Indian Police Service officer

Recent Incident in Indore
• Two FIRs registered under Section 223 of Bharatiya Nyaya Sanhita (BNS) in Indore. IPC-188
• Reason: Violation of District Magistrate’s prohibitory orders issued under Section 163 of Bharatiya Nagarik Suraksha Sanhita (BNSS). CrPC-144
• Context: Orders issued on January 2, 2025, to make Indore beggar-free.
FIR Details:
• One against a person giving alms to a beggar.
• One against a woman beggar’s son who failed to prevent her from begging.
• FIRs filed by: Begging Eradication Squad officer.
Registering an FIR
• District administration’s intent: Make Indore beggar-free.
• Legal issue: FIR cannot be registered for violating orders under Section 163 BNSS.
• Conditions for Section 163 BNSS orders:
• Applicable only in urgent cases of nuisance or apprehended danger.
• Requires sufficient grounds and need for immediate prevention or speedy remedy.
• Allows directives to abstain from acts causing: obstruction, annoyance, injury, danger to life/health/safety, disturbance of public tranquillity, riot, or affray.
• Analysis: Begging may cause annoyance or disturb tranquillity but does not qualify as an urgent nuisance or danger.
Legal Restrictions on FIR
• Section 215(1)(a) BNSS (equivalent to Section 195 CrPC):
• Courts cannot take cognisance of offences under Sections 206–223 BNS (excluding 209) without a written complaint from the concerned public servant or authorised subordinate.
• Despite Section 223 BNS being cognisable, police cannot file an FIR; District Magistrate must file a written complaint with the court.
• Supreme Court rulings:
• Section 195 CrPC limits judicial magistrates’ powers to take cognisance (C. Muniappan v. State of Tamil Nadu, 2010).
• Non-compliance with Section 195 vitiates prosecution.
• Purpose: Protect individuals from vexatious prosecutions based on inadequate grounds or malice (State of U.P. v. Mata Bhikh, 1994).
• Madras High Court (Jeevanandham v. State, 2018):
• Police cannot register FIRs for offences under Sections 172–188 IPC (Sections 206–223 BNS).
• Police can act under Section 35 BNSS (Section 41 CrPC) if offence is committed in their presence or to prevent it.
• Lalita Kumari v. Govt of U.P. (2014): Does not apply to Section 223 BNS FIR registration.
• Chhattisgarh High Court case:
• Quashed an FIR under Section 188 IPC for violating a DM’s COVID-19 order, reinforcing that FIRs are invalid in such cases.
Recommended Action
• Indore police should:
• Close the cases.
• Inform the District Magistrate.
• District Magistrate’s option: File a written complaint with the court under Section 215 BNSS.
• State government options:
• Amend Section 215(1) BNSS or enact a local law to make begging a cognisable offence.

• Caution: Converting a petty civil offence into a criminal one is inadvisable.
• Broader perspective:
• Punishing alms-givers may deter charity, but prosecuting beggars worsens their plight.
• Solution: Rehabilitate beggars, not prosecute them.
Conclusion
• An FIR cannot be registered under Section 223 BNS for violating a District Magistrate’s orders under Section 163 BNSS.