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Source: The post is based on the article “SC upholds the constitution of the J&K Delimitation Commission, extension of tenure of its chairperson” published in The Hindu on 14th February 2023.
What is the News?
The Supreme Court has dismissed a plea challenging the delimitation exercise to redraw Lok Sabha and Assembly constituencies in the Union Territory of Jammu and Kashmir.
What is Delimitation?
What was the case about?
A petition has been filed in the Supreme Court challenging the delimitation of Assembly and parliamentary constituencies in J&K on the following grounds:
Firstly, the appointment of a delimitation commission headed by a retired Supreme Court judge was challenged claiming that the election commission and not the delimitation commission should undertake such an exercise.
Secondly, the petitioner contended that the delimitation exercise was against the provisions under Article 170 of the Constitution, under which constituencies as delineated now shall remain frozen till the first census conducted after the year 2026.
What was the judgment given by the court?
The court dismissed the petition on the following grounds:
Firstly, there is no illegality associated with the establishment of the Delimitation Commission. The commission had to undertake the exercise of delimitation or readjustment on the basis of the census figures of 2011 as the earlier exercise of delimitation of the constituencies of the erstwhile state was not made on the basis of the census figures of 2011.
Secondly, 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 Reorganization Act which created the two new Union territories assigns the role of readjustment of constituencies to the Delimitation Commission under the Delimitation Act,2002.
Hence, a law made under Article 3 can always provide for the readjustment of the Constituencies in the newly constituted States or Union territories through the Delimitation Commission.
Therefore, there is no illegality associated with the establishment of the Delimitation Commission.
