SC dismisses plea difficult delimitation in Jammu and Kashmir

By PTI

NEW DELHI: The Supreme Court on Monday dismissed a plea difficult the federal government’s determination to represent the delimitation fee for redrawing the legislative meeting and Lok Sabha constituencies within the Union Territory of Jammu and Kashmir.

A bench of Justices S Okay Kaul and A S Oka delivered the decision on a plea filed by two Kashmir residents. While announcing the decision, Justice Oka stated nothing on this judgement shall be construed as giving an imprimatur to the train of energy beneath clauses one and three of Article 370 of the Constitution.

The bench noticed that the difficulty of validity of the train of energy referring to Article 370 is subject material of petitions pending earlier than the apex courtroom.

The prime courtroom is seized of petitions difficult the constitutional validity of the Centre’s determination to abrogate provisions of Article 370 on August 5, 2019.

Several petitions have been filed within the apex courtroom difficult the Centre’s determination to abrogate provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which cut up J-Okay into two Union Territories — Jammu and Kashmir, and Ladakh.

By abrogating Article 370, the Central authorities had revoked the particular standing of Jammu and Kashmir.

The apex courtroom had on December 1 final 12 months reserved its verdict on the plea difficult the federal government’s determination to represent the delimitation fee.

During the listening to on December 1 final 12 months, the Centre had advised the highest courtroom that the delimitation fee shaped to redraw the legislative meeting and Lok Sabha constituencies in Jammu and Kashmir was empowered to take action.

Seeking dismissal of the plea, Solicitor General Tushar Mehta, showing for the Centre, had argued that the Jammu and Kashmir Reorganisation Act, 2019 doesn’t preclude the institution of the Delimitation Commission by the Central authorities.

On March 6, 2020, the Union Ministry of Law and Justice (Legislative Department) had issued a notification within the train of energy beneath part 3 of the Delimitation Act, 2002, constituting a Delimitation Commission, with former Supreme Court choose (Retd) Ranjana Prakash Desai because the chairperson.

The counsel showing for the 2 petitioners, Haji Abdul Gani Khan and Mohammad Ayub Mattoo, had argued that the delimitation train was carried out in contravention of the scheme of the Constitution and alteration of boundaries and inclusion of prolonged areas shouldn’t have been accomplished.

The plea had sought a declaration that the rise within the variety of seats from 107 to 114 (together with 24 seats in Pakistan-occupied Kashmir) in Jammu and Kashmir is extremely vires constitutional provisions and statutory provisions, significantly beneath part 63 of the Jammu and Kashmir Reorganisation Act, 2019.

It had stated the final delimitation fee was arrange on July 12, 2002, within the train of powers conferred by part 3 of the Delimitation Act, 2002 after the 2001 census to hold out the train all through the nation.

The plea had stated the fee had issued tips and methodology for the delimitation of meeting and parliamentary constituencies vide letter dated July 5, 2004, together with the constitutional and authorized provisions.

“It clearly stated that the total number of existing seats in the Legislative Assemblies of all states, including UTs of the National Capital Region and Pondicherry, as fixed based on the 1971 census shall remain unaltered till the first census to be taken after the year 2026,” the plea had submitted.

It had sought to declare as unconstitutional the notification dated March 6, 2020, constituting the delimitation fee to take up delimitation within the UT of J-Okay and states of Assam, Arunachal Pradesh, Manipur, and Nagaland by the Centre.

The plea had additionally challenged the consequential omission of Assam, Arunachal Pradesh, Manipur and Nagaland from the method of delimitation vide notification dated March 3, 2021, claiming that it quantities to classification and violates Article 14 (equality earlier than legislation) of the Constitution.

NEW DELHI: The Supreme Court on Monday dismissed a plea difficult the federal government’s determination to represent the delimitation fee for redrawing the legislative meeting and Lok Sabha constituencies within the Union Territory of Jammu and Kashmir.

A bench of Justices S Okay Kaul and A S Oka delivered the decision on a plea filed by two Kashmir residents. While announcing the decision, Justice Oka stated nothing on this judgement shall be construed as giving an imprimatur to the train of energy beneath clauses one and three of Article 370 of the Constitution.

The bench noticed that the difficulty of validity of the train of energy referring to Article 370 is subject material of petitions pending earlier than the apex courtroom.

The prime courtroom is seized of petitions difficult the constitutional validity of the Centre’s determination to abrogate provisions of Article 370 on August 5, 2019.

Several petitions have been filed within the apex courtroom difficult the Centre’s determination to abrogate provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which cut up J-Okay into two Union Territories — Jammu and Kashmir, and Ladakh.

By abrogating Article 370, the Central authorities had revoked the particular standing of Jammu and Kashmir.

The apex courtroom had on December 1 final 12 months reserved its verdict on the plea difficult the federal government’s determination to represent the delimitation fee.

During the listening to on December 1 final 12 months, the Centre had advised the highest courtroom that the delimitation fee shaped to redraw the legislative meeting and Lok Sabha constituencies in Jammu and Kashmir was empowered to take action.

Seeking dismissal of the plea, Solicitor General Tushar Mehta, showing for the Centre, had argued that the Jammu and Kashmir Reorganisation Act, 2019 doesn’t preclude the institution of the Delimitation Commission by the Central authorities.

On March 6, 2020, the Union Ministry of Law and Justice (Legislative Department) had issued a notification within the train of energy beneath part 3 of the Delimitation Act, 2002, constituting a Delimitation Commission, with former Supreme Court choose (Retd) Ranjana Prakash Desai because the chairperson.

The counsel showing for the 2 petitioners, Haji Abdul Gani Khan and Mohammad Ayub Mattoo, had argued that the delimitation train was carried out in contravention of the scheme of the Constitution and alteration of boundaries and inclusion of prolonged areas shouldn’t have been accomplished.

The plea had sought a declaration that the rise within the variety of seats from 107 to 114 (together with 24 seats in Pakistan-occupied Kashmir) in Jammu and Kashmir is extremely vires constitutional provisions and statutory provisions, significantly beneath part 63 of the Jammu and Kashmir Reorganisation Act, 2019.

It had stated the final delimitation fee was arrange on July 12, 2002, within the train of powers conferred by part 3 of the Delimitation Act, 2002 after the 2001 census to hold out the train all through the nation.

The plea had stated the fee had issued tips and methodology for the delimitation of meeting and parliamentary constituencies vide letter dated July 5, 2004, together with the constitutional and authorized provisions.

“It clearly stated that the total number of existing seats in the Legislative Assemblies of all states, including UTs of the National Capital Region and Pondicherry, as fixed based on the 1971 census shall remain unaltered till the first census to be taken after the year 2026,” the plea had submitted.

It had sought to declare as unconstitutional the notification dated March 6, 2020, constituting the delimitation fee to take up delimitation within the UT of J-Okay and states of Assam, Arunachal Pradesh, Manipur, and Nagaland by the Centre.

The plea had additionally challenged the consequential omission of Assam, Arunachal Pradesh, Manipur and Nagaland from the method of delimitation vide notification dated March 3, 2021, claiming that it quantities to classification and violates Article 14 (equality earlier than legislation) of the Constitution.