The Court in its ruling observed that it has not ruled upon the validity of the Jammu & Kashmir Re-organisation Act, 2019 which is pending before the top court in the batch of petitions challenging abrogation of Article 370 of the Constitution.
Further, it was also held, among other things, that:
– The failure of the legislature to modify the time limit provided in sub-section (6) of Section 10 of the 2002 Delimitation Act does not mean that the Central government is powerless to appoint a Delimitation Commission for J&K;
– Delimitation as was carried out in Uttar Pradesh and Andhra Pradesh through reorganisation acts, has no bearing on J&K as the act for the UT has no pari materia provisions with those of two States
The ruling came on a petition was filed by two Srinagar residents, Haji Abdul Gani Khan and Dr Mohammad Ayub Mattoo, challenging the increase in the number of seats from 107 to 114 in the UT claiming that the same was ultra vires Articles 81, 82, 170, 330 and 332 of the Indian Constitution and Section 63 of the Jammu & Kashmir Re-organisation Act, 2019.
It was contended that the respondents had no power to establish a Delimitation Commission under Section 3 of the Delimitation Act since only the Election Commission could carry out the process of delimitation after the notification of the Parliamentary and Assembly Constituencies Delimitation Order, 2008.
The plea pointed out that Article 170 of the Constitution provides the next delimitation to be taken up after 2026, however, the Union Territory of J&K was singled out.
The bench had on December 1 reserved judgment in the matter.
The top court is also currently seized of pleas challenging the exclusion of the 4 northeastern States from the delimitation exercise in the UT. Soon after notices were issued in the same, the Election Commission of India recently announced the initiation of the delimitation process for Assam.
The latter has also been challenged before the top court and is still pending.
Source: Barandbench
