Delimitation in Jammu and Kashmir: Supreme Court rejects challenge, says issue pending before Constitution Bench

The Supreme Court has notified for the delimitation of the Assembly Constituencies for the Union Territory (UT) of Jammu and Kashmir (J&K) on the ground that they are without jurisdiction.

A bench comprising of Justice Sanjay Kishan Kaul and Justice AS Oka said that they have not ruled upon the validity of the Jammu & Kashmir Re-organisation Act, 2019 , that remains pending before the Apex court in the petitions which challenge the abrogation of Article 370 of the Constitution.

The Court said they have dismissed the petitions and reconfirmed that issue of the Reorganisation Act is still pending before this Court as they have not come on the merits of the same.

On December 1, after hearing counsel for two days,the bench had reserved its judgment in the plea that questioned and challenged the notifications for the delimitation of assembly constituencies in the Union Territory (UT) of Jammu and Kashmir (J&K).

The Counsel appearing for petitioners – Haji Abdul Gani Khan and Mohammad Ayub Mattoo – argued that the delimitation exercise was carried out in contravention of the scheme of the Constitution and that alteration of boundaries and inclusion of extended areas should not have been done.

The petitioners challanged the Constitutional validity of the Centre’s decision to increase the number of seats from 107 to 114 (including 24 seats in Pakistan-occupied Kashmir) in Jammu and Kashmir.

They sought a declaration from the Apex Court that the move was ultra vires of constitutional provisions and statutory provisions, particularly under Section 63 of the Jammu and Kashmir Reorganisation Act, 2019.

Delimitation in Jammu and Kashmir: Supreme Court rejects challenge, says issue pending before Constitution Bench.