'Seats Shouldn't Be Increased': Petitioner Concludes Arguments Before Supreme Court In Plea Challenging J&K Delimitation Orders
Live LawThe Supreme Court, on Wednesday, commenced with the hearing of the plea, inter alia, challenging the delimitation exercise undertaken in the Union Territory of Jammu and Kashmir pursuant to the recent notifications. Justice Oka also reckoned that since the power to constitute the Delimitation Commission is drawn from the 2019 Reorganisation Act, not challenging the statute might act as an impediment to substantiate the challenge to the constitution of the Delimitation Commission. Mr. Jandhyala also argued that in the second notification, delimitation for the States of Assam, Arunachal Pradesh, Manipur and Nagaland were omitted and the same is violative of Article 14 of the Constitution. The petition also argued that the Delimitation Commission does not have the power to carry out the exercise as under Section 9 of the Representation of Peoples Act, 1950 and Section 11 of the Delimitation Act 2022, the power vested on the Election Commission is to update the Delimitation order by making the necessary changes on account of subsequent events and the said power cannot change boundaries or areas or extent of any constituency by way of any notification. After the abrogation of Article 370, on 06.03.2020, the Union Government, Ministry of Law and Justice in exercise of power under Section 3 of the Delimitation Act, 2002, issued a notification for delimitation of Assembly and Parliamentary constituencies in the UT of J&K and States of Assam, Arunachal Pradesh, Manipur and Nagaland.