Supreme Court declines to stay J&K delimitation report

The Supreme Courtroom on Friday directed the Centre to file an affidavit responding to a problem to the delimitation train undertaken in Jammu and Kashmir following the abrogation of Article 370 and bifurcation of the State.

Nevertheless, the court docket didn’t settle for an oral plea made by petitioners to remain the tabling of the ultimate draft report of the Jammu and Kashmir Delimitation Fee in Parliament.

“Can we restrain them from tabling it within the Parliament? If that is the case, why did you are taking two years to problem the delimitation notification?” a Bench led by Justice Sanjay Kishan Kaul requested the petitioners, Haji Abdul Gani Khan and Mohammad Ayub Mattoo, represented by senior advocate Ravi Shankar Jandhyala and advocates Sriram Parakkat and M.S. Vishnu Shankar.

The three-member Jammu and Kashmir Delimitation Fee led by former Supreme Courtroom decide, Justice Ranjana Prakash Desai, submitted the ultimate draft report early in Could, notifying the brand new boundaries, names and variety of Meeting constituencies in Jammu and Kashmir, paving the way in which for the first-ever Meeting elections within the Union Territory that was carved out of the erstwhile State of J&Okay.

“Are you difficult the report or the formation of the Fee…? You have got come after the report has been filed,” Justice Kaul addressed Mr. Jandhyala.

The court docket ordered the federal government to file its affidavit in six weeks and gave the petitioners two weeks to submit their rejoinder. The Election Fee of India has additionally been requested to answer the petition. The case was posted for August 30. 

The petition additionally questioned why J&Okay has been “singled out” for delimitation when Article 170 of the Structure mentioned that such an train for your complete nation was due solely within the 12 months 2026. The petition argued that the Centre had usurped the jurisdiction of the Election Fee by notifying the delimitation of Jammu and Kashmir.

It highlighted how the Centre had first issued a notification on March 6, 2020 constituting the Fee led by Justice Desai to conduct the delimitation of the constituencies in J&Okay, Assam, Arunachal Pradesh, Manipur and Nagaland. Nevertheless, it had issued a second notification on March 3, 2021 proscribing the scope of delimitation to J&Okay alone.

The petition additionally alleged that the rise within the variety of seats from 107 to 114 (together with 24 seats in Pakistan Occupied Kashmir) within the Union Territory of Jammu & Kashmir was extremely vires each the Structure and the Jammu & Kashmir Reorganisation Act, 2019.

It mentioned any step to extend the variety of seats in J&Okay would require a Constitutional Modification in addition to modifications within the Delimitation Act, 2002 and the Illustration of Folks Act, 1950.

“When the final Delimitation Fee was arrange on July 12, 2002, after the 2001 census, to hold out the train all through the nation, it had clearly said that the full variety of current seats within the legislative assemblies of all States, together with UTs of the Nationwide Capital Area and Pondicherry, fastened on the premise of the 1971 census, ought to stay unaltered until the census to be taken after the 12 months 2026,” the petition argued.

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