Petition in SC challenges J-K delimitation process

New Delhi, March 29

A petition in the Supreme Court has challenged the Centre’s decision to appoint a Delimitation Commission headed by Justice Ranjana Prakash Desai (retd) to redraw the Lok Sabha and assembly constituencies in the Union Territory of Jammu and Kashmir.

“While Article 170 of the Constitution of India provides that the next delimitation in the country will be taken up after 2026, why has the UT of Jammu and Kashmir been singled out?” the petition filed by Jammu and Kashmir residents Haji Abdul Gani Khan and Dr Mohammad Ayub Mattoo asked.

The petitioners also 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, saying it went against Articles 81, 82, 170, 330 and 332 of the Constitution and statutory provisions, particularly Section 63 of the Jammu & Kashmir Reorganisation Act, 2019.

They urged the top court to declare unconstitutional the March 2020 notification constituting the Delimitation Commission under Section 3 of the Delimitation Act, 2002 for being without power, jurisdictions and authority.

Since the last Delimitation Commission was set up on July 12, 2002, as per section 3 of the Delimitation Act, 2002, after the 2001 Census to carry out the exercise throughout the country, the Commission had clearly stated that the total number of existing seats in the Legislative Assemblies of all states, including UTs of Delhi and Pondicherry, as fixed based on the 1971 census shall remain unaltered till the first census to be taken after the year 2026, the petitioners contended.

Pointing out that the notification originally included Assam, Arunachal Pradesh, Manipur and Nagaland; the petition contended that their subsequent omission from the process of delimitation and conducting delimitation only for the Union Territory of Jammu and Kashmir was unconstitutional.

Accusing the Centre of usurping the powers that originally vested with the Election Commission, the petitioners said the MHA, Ministry of Law and Justice and the EC have no power, authority or jurisdiction to establish a Delimitation Commission u/s 3 of the delimitation Act 2002 which had become inappropriate by the year 2007 “when the commission was wound up” and after which the Delimitation of Parliamentary and Assembly Constituencies Order was issued in 2008, following due procedure, thereby any power exercise by them is without any Statutory or Constitutional source of power.