SC rejects plea against constitution of delimitation commission in J&K

The Supreme Court on Monday dismissed a plea challenging the government’s decision to constitute the delimitation commission for redrawing the Legislative Assembly and Lok Sabha constituencies in the Union Territory of Jammu and Kashmir.

Plea filed by two Kashmir residents

A bench of Justices SK Kaul and AS Oka delivered the verdict on a plea filed by two Kashmir residents. While pronouncing the verdict, Justice Oka said nothing in this judgement shall be construed as giving an imprimatur to the exercise of power under clauses one and three of Article 370 of the Constitution.

The bench observed that issue of validity of the exercise of power relating to Article 370 is subject matter of petitions pending before the apex court. The top court is seized of petitions challenging the constitutional validity of the Centre’s decision to abrogate provisions of Article 370 on August 5, 2019.

Also read: Political storm over J&K delimitation draft that gives Jammu 6 seats and Kashmir 1

Several petitions have been filed in the apex court challenging the Centres decision to abrogate provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which split J&K into two Union Territories Jammu & Kashmir, and Ladakh. By abrogating Article 370, the Central government had revoked the special status of Jammu and Kashmir.

The apex court had on December 1 last year reserved its verdict on the plea challenging the government’s decision to constitute the delimitation commission. During the hearing on December 1 last year, the Centre had told the top court that the delimitation commission formed to redraw the Legislative Assembly and Lok Sabha constituencies in Jammu and Kashmir was empowered to do so.

Centre sought dismissal of plea

Seeking dismissal of the plea, Solicitor General Tushar Mehta, appearing for the Centre, had argued that the Jammu and Kashmir Reorganisation Act, 2019 does not preclude the establishment of Delimitation Commission by the Central government.

On March 6, 2020, Union Ministry of Law and Justice (Legislative Department) had issued a notification in exercise of power under section 3 of the Delimitation Act, 2002, constituting a Delimitation Commission, with former Supreme Court judge (Retd) Ranjana Prakash Desai as the chairperson.

Also read: Delimitation and what it means for the people of Jammu and Kashmir

The counsel appearing for the two petitioners, Haji Abdul Gani Khan and Mohammad Ayub Mattoo, had argued that the delimitation exercise was carried out in contravention of the scheme of the Constitution and alteration of boundaries and inclusion of extended areas should not have been done.

The plea had sought declaration that the increase in the number of seats from 107 to 114 (including 24 seats in Pakistan occupied Kashmir) in Jammu and Kashmir is ultra vires constitutional provisions and statutory provisions, particularly under section 63 of the Jammu and Kashmir Reorganisation Act, 2019.

Another blow to J&K people: Tarigami

Meanwhile, CPI (M) leader MY Tarigami said the Supreme Court’s dismissal of the petition has added to the long list of disappointments for the people of the Union Territory. He said there were a bunch of petitions challenging the abrogation of Article 370 and the Reorganisation Act before the Supreme Court but those were not being heard.

(With Agency inputs)