Published: 16th Feb, 2023
Context
The Supreme Court dismissed a petition which challenged the delimitation exercise carried out for redrawing the Legislative Assembly and Lok Sabha constituencies in the Union Territory of Jammu & Kashmir.
About
Key-points highlighted by the Supreme Court
- Articles 2 and 3 of the Constitution enable the Parliament to create new States and Union territories. Accordingly, the two new Union territories have been created.
- The J&K Reorganisation Act which created the two new Union territories assigns the role of readjustment of constituencies to the Delimitation Commission under the Delimitation Act, 2002.
- It is a law made under Article 3 and can always provide for readjustment of the Constituencies in the newly constituted States or Union territories through the Delimitation Commission.
- Hence, there is no illegality associated with the establishment of the Delimitation Commission under the order of March 6, 2020.
The petition
- The petition (by Srinagar residents) challenged the notification issued by the Centre in March 2020 establishing the Jammu and Kashmir Delimitation Commission and a second one in March 2021 extending its term for the purpose of conducting delimitation only for Jammu and Kashmir.
- Arguments:
- Only the Election Commission of India, under Section 60 of the 2019 Act, was empowered to conduct the delimitation exercise.
- Article 170 of the Constitution barred delimitation exercise on the basis of the 2011 census. It has to either happen on the basis of the 2001 census or await “the first census after the year 2026”.
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