Centre & EC defend J&K delimitation process; affidavits filed in Supreme Court accessed

In a key development, Centre and Election Commission of India filed affidavits in Supreme Court opposing plea challenging delimitation process in Jammu and Kashmir. An SC bench of Justices Sanjay Kishan Kaul and MM Sundresh h sought ir response on writ petition which sought  notifications pertaining to formation of Delimitation Commission to be declared 'unconstitutional'. petitioners also urged apex court to declare  increase in number of Assembly seats in J&K from 83 to 90 is ultra vires Constitution. 

EC, in its affidavit, noted, "In respect of subject matter of instant writ petition, it is pertinent to mention that under Article 329(a) of Constitution of India, re is a bar on judicial interference regarding validity of any law relating to delimitation of constituencies". To buttress its point, EC referred to SC judgments such as Meghraj Kothari vs Delimitation Commission & Anr., Assn. of Residents of Mhow vs Delimitation Commission of India and J&K National Panrs Party vs Union of India. However, it declined to provide any opinion on notifications on constitution of Delimitation Commission.

On or hand, Centre contended that plea was nothing but a frivolous attempt to challenge orders of Delimitation Commission. Seeking dismissal of plea, it observed, "It is most important to note that Delimitation Commission was set up two years before instant writ petition was instituted. Delimitation Commission has since, completed its exercise and its subsequent orders have also been issued via Gazette of India. petitioners have failed to justify delay in raising alleged concerns earlier by way of instant petition". 

affidavit ded, "As per section 60 of Jammu and Kashmir Reorganization Act, number of seats in Legislative Assembly of Union Territory of Jammu and Kashmir shall be increased from 107 to 114 which includes 24 seats in Pakistan Occupied Kashmir. Furr, a special provision as Section 62 has been incorporated in  Jammu and Kashmir Reorganization Act, 2019 with regard to rejustment of Parliamentary and Assembly constituencies of Jammu and Kashmir on basis of 2011 census. Hence, contention of petitioner that increase in number of Assembly seats is unconstitutional is denied."

Delimitation in J&K

Referring to demarcation of boundaries of Parliamentary or Assembly constituencies, delimitation process is carried out at regular intervals to ensure that each constituency has approximately an equal number of voters. It is usually done when a state is divided, which is case with J&K, which was split into Union Territories of J&K and Lakh. Elections have not been held in state since dissolution of state Assembly on 21 November 2018. According to government notification dated 6 March 2020, retired Supreme Court judge Ranjana Desai was appointed as he of Delimitation Commission.

As per final delimitation order, names of more than nine Assembly constituencies have been changed in view of public sentiment. While J&K will continue to have only five Lok Sabha seats, a new parliamentary constituency - Anantnag-Rajouri - has been carved out by combining  Anantnag region in Kashmir Valley and Rajouri and Poonch in Jammu. Each parliamentary constituency will have 18 Assembly segments.