NC files its objection on Delimitation Commission in J&K

New Delhi: Contending that the Reorganisation of Jammu and Kashmir Act is "Constitutionally suspect", the National Conference (NC) on Monday questioned the recommendations of the Delimitation Commission especially its rationale behind increasing six seats in the Jammu division as against one in the Kashmir region and claimed that they are in violation of laid down norms.

In its 14-page reply to the Commission, the NC maintained that there were question marks over the Constitutional propriety of the panel especially when the party along with several others had approached the Supreme Court challenging the Centre's August 5, 2019 action of revoking the special status and bifurcating the erstwhile state in two Union territories - Ladakh and Jammu and Kashmir.

The three NC Lok Sabha members - Farooq Abdullah, Justice (retd) Hasnain Masoodi and Akbar Lone - had participated in the second meeting of the Delimitation Commission, headed by Justice (retd) Ranjana Desai, held in December last year.

Masoodi handed over the party's reply at the Commission's secretariat located in a hotel on Monday. The party said the formation of the Commission is linked to the Reorganisation Act of Jammu and Kashmir 2019 which was under judicial scrutiny and the Supreme Court is yet to deliver its order.

The panel's recommendations are borne out of an Act that is a "Constitutionally suspect" law. In legal parlance, if any Act is under judicial custody and the apex court is seized of the matter, it can be termed as a Constitutionally suspect law.

The party said the principle of Constitution propriety demands that such a law should not be implemented and all the limbs of the state and their institutions should, out of deference to the top constitutional court, desist from implementing such law till its constitutionality is determined.

The party also accused the Delimitation Commission of "departing from its laid down norms and practices".

The party said the population criteria, which is being followed across the country, has "taken a back seat" while finalising the share of seats in Jammu and Kashmir.

Citing Article 81 of the Constitution which states "each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State...", the National Conference said even this basic principle stands violated by the Delimitation Commission.

The party pointed out that as per the census of 2011, the average population criteria was placed at 1.36 lakh but the reorganisation and distribution of seats presents a different picture altogether.