The government’s decision to set up the Delimitation Commission of Jammu and Kashmir has been challenged in the Supreme Court on the ground that it violated constitutional provisions.
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For redeployment of Assembly and Lok Sabha constituencies in the Union Territory of Jammu and Kashmir delimitation commission The Supreme Court has reserved its decision after hearing on Thursday on the petition challenging the government’s decision to constitute. The government’s decision has been challenged on the ground that it violated constitutional provisions. Solicitor General Tushar Mehta said during the hearing that the petitioner has not challenged the provisions of the law. Please take the Constitution of India. They constitutional challenge Not given, because then they will be faced with Articles 1, 2, and 4.
Solicitor General Tushar Mehta said that in the facts of the present case it is the State Reorganization Act. Article 2, 3 contemplates a situation when a new entity comes into existence, so the Parliament has to take steps to see whether they fall into some parity or not. SG Mehta said that earlier also the constitutionally fixed number of MLAs was reorganized in the Reorganization Acts.
Why was it implemented only in Jammu and Kashmir: Petitioner
The SG said that he referred to the decision of the Supreme Court given in the Mangal Singh case. Solicitor General Tushar Mehta said that the petitioner has not challenged the provisions of the law. The Delimitation Act was not applicable in Jammu and Kashmir before 2019. The SG said that the question was raised in the petition as to why it was implemented only in Jammu and Kashmir and why the North Eastern states have been left out. The answer is that in 2019 the delimitation has come into force in the North East region as well. But at that time the delimitation could not be done due to internal disturbance in the North Eastern states. The Election Commission had also presented its arguments in this matter.
Supreme Court had asked for the answer
During the earlier hearing, Solicitor General Tushar Mehta had told a bench of Justice Sanjay Kishan Kaul and Justice Abhay S Oka that he had to place some documents on record in this matter. Mehta had said that he has spoken to the concerned secretary, who is looking into the issue. Taking note of his arguments, the bench said that the documents should be filed within a week. The top court had on May 13 said that the petitioners have not challenged the abrogation of Article 370 of the Constitution and hence the arguments related to it should be ignored. It noted in its order that the challenge was actually given to the delimitation exercise including the notifications dated March 6, 2020 and March 3, 2021. The top court had asked the respondents – the Centre, the Jammu and Kashmir administration and the Election Commission of India – to file counter affidavits within six weeks.
The counsel appearing for the two petitioners – Haji Abdul Ghani Khan and Mohd Ayub Mattu – argued that the delimitation exercise was done in violation of the provisions of the Constitution and the boundaries should not have been changed and the extended areas included. The demand was made in the petition to declare the notification of March 6, 2020 as unconstitutional for setting up the Delimitation Commission by the Center for delimitation in Jammu and Kashmir, Assam, Arunachal Pradesh, Manipur and Nagaland.