The plea also 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 has been singled out.
“..the 1st and the 2nd Respondents are now responsible for maintaining, sustaining and working of the statutory and constitutional provisions of the Constitution of India, under the much publicized “New Order” of One Nation One Constitution,” the petition reads.
While relying on the case of Dr Subramanian Swamy v Director, CBI, the petitioner emphasised that conducting delimitation only for J&K was unconstitutional as it amounted to further classification.
“The classification may be founded on different bases; namely, geographical, or according to objects or occupations or the like. What is necessary is that there must be a nexus between the basis of classification and the object of the Act under consideration. It is also well-established by the decisions of this Court that Article 14 condemns discrimination not only by a substantive law but also by a law of procedure,” it was submitted.
Source: Barandbench
