Centre, EC defend delimitation exercise in JK as petitioner questions increase in number of seats; SC reserves its verdict

The Jammu and Kashmir Reorganisation Act, 2019 didn’t preclude the establishment of Delimitation Commission by the Centre, Solicitor General Tushar Mehta told the Bench

Photo for representational purpose only.

Tribune News Service

Satya Prakash

New Delhi, December 1

The Centre on Thursday defended the delimitation exercise in Jammu and Kashmir before the Supreme Court, saying the delimitation commission set up to redraw the Legislative Assembly and Lok Sabha constituencies in newly formed union territory was empowered to do so.

The Jammu and Kashmir Reorganisation Act, 2019 didn’t preclude the establishment of Delimitation Commission by the Centre, Solicitor General Tushar Mehta told a Bench led by Justice Sanjay Kishan Kaul.

The Bench – which also included Justice Abhay S Oka – reserved its verdict on the petition filed by Srinagar residents Haji Abdul Gani Khan and Mohammad Ayub Mattoo.

The petitioners have questioned the increase in the number of seats from 83 to 90 (excluding 24 seats in Pakistan Occupied Kashmir) in the Union Territory of Jammu and Kashmir recommended by the Delimitation Commission headed by former Supreme Court judge Ranjana Prakash Desai, contending it went against Articles 81, 82, 170, 330 and 332 of the Constitution and statutory provisions, particularly Section 63 of the Jammu & Kashmir Reorganization Act, 2019. The number of seats in the assembly could not have been increased, they insisted.

“All this is to be done by the Election Commission…The Election Commission cannot abdicate its authority and give it away to the Delimitation Commission,” senior counsel Ravi Shankar Jandhyala had told the Bench on Wednesday.

However, Mehta said the delimitation exercise has become final and it can’t be challenged in courts. He rejected the petitioners’ contention that only the Election Commission was empowered to conduct the delimitation exercise under the Jammu and Kashmir Reorganization Act, 2019, saying “Section 61 and Section 62 of the 2019 Act do not preclude the establishment of Delimitation Commission by the Central Government under Section 62 of the 2019 Act.”

“By virtue of Sections 60-61, while the power to determine delimitation is conferred on Election Commission, Section 62(2) and 62(3) confers powers to carry out delimitation on the Delimitation Commission constituted under Section 3 of the Delimitation Act,” Mehta explained.

On behalf of the Election Commission, advocate Amit Sharma also said the delimitation exercise has attained finality after the publication of the Delimitation Orders in Gazette Notifications on May 5 in terms of the Delimitation Act.

Mehta contested the petitioners’ submission that Article 170 of the Constitution barred delimitation exercise on the basis of the 2011 census. He said it was wrong to suggest that the delimitation exercise had to either happen on the basis of the 2001 census or await the first census after the year 2026.

“The idea was that the last delimitation under the old regime took place in 1995. It was also the government’s idea to immediately give democracy to the newly-formed Union Territory… For that to wait till 2026 or to do it as per 2002 was found to be legislatively unwise. The reorganization provided for Section 59 recognizing that commission would be more apt,” Mehta argued.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.