J&K delimitation exercise unconstitutional, says plea in Supreme Court

Redrawing for country due only in 2026, say Srinagar residents

A view of the Supreme Court of India in New Delhi. File | Photo Credit: S. Subramanium

A petition has been filed in the Supreme Court against the Centre's decision to constitute a Delimitation Commission for redrawing Assembly and Lok Sabha constituencies in the Union Territory of Jammu and Kashmir.

The petition, filed by Srinagar residents, Haji Abdul Gani Khan and Dr. Mohammad Ayub Mattoo , urged the court to declare the increase in the number of seats from 107 to 114 (including 24 seats in Pakistan Occupied Kashmir) in Jammu & Kashmir as unconstitutional and ultra vires of the Jammu & Kashmir Reorganisation Act, 2019.

The plea said that if decision of August 5, 2019 was to unite the Jammu and Kashmir State with India, then the delimitation process defeats “new order” of “One Nation, One Constitution” in the country.

"If August 5, 2019 was to unite Jammu and Kashmir State with the rest of India, then delimitation process defeats “new order” of One Nation One Constitution in the country. While Art. 170 of the Constitution of India provides that the next delimitation in the country will be taken up after 2026, why has the UT of Jammu and Kashmir been singled out?" the petitioners argued.

“It is 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 petition said.

On March 6, 2020, the Centre had issued a notification constituting a Delimitation Commission chaired by former Supreme Court judge, Justice Ranjana P. Desai, for delimitation of Assembly and Parliamentary constituencies in the Union Territory of Jammu and Kashmir and in Assam, Arunachal Pradesh, Manipur and Nagaland.

The petition submitted that according to poll laws only the Election Commission can carry out the process of delimitation (necessary updation) after the Parliamentary and Assembly Constituencies Delimitation Order, 2008 is notified.

"Nobody is competent to carry out the delimitation process since the delimitation has been completed and the Delimitation Commission itself has become inappropriate," it petition argued.