Purpose of delimitation to give immediate democracy to J&K: Centre to SC

Published Date: 03-12-2022 | 3:53 pm

New Delhi : The centre has told Supreme Court that the purpose of forming Delimitation Commission ahead of its schedule was to give “immediate democracy” to Jammu and Kashmir. 

“To wait till 2026 was legislatively found to be unwise,” Solicitor General of India Tushar Mehta told the Bench comprising Justices Sanjay Kishan Kaul and A.S. Oka. 

Mehta also told the court that a Delimitation Commission formed to redraw the Legislative Assembly and Lok Sabha constituencies in Jammu and Kashmir was empowered to do so, arguing that the Jammu and Kashmir Reorganisation Act, 2019 does not preclude the establishment of Delimitation Commission by the Central Government.

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“It is submitted that Sections 61 and 62 of the 2019 Act do not preclude the establishment of Delimitation Commission by the Central Government under Section 62 of the 2019 Act… It is submitted that the 2019 Act provides for two alternative mechanisms to carry out delimitation for the Union Territory of Jammu and Kashmir,”  Solicitor General of India told the court.

The petition against the Delimitation Commission has among other things challenged the omission of Assam, Arunachal Pradesh, Manipur and Nagaland from the process of delimitation, claiming that it amounts to classification and violates Article 14 of the Constitution.

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