Delimitation Commission empowered to redraw constituencies in J&K: Centre
New Delhi: The Centre on Thursday told the Supreme Court that a delimitation commission formed to redraw the Legislative Assembly and Lok Sabha constituencies in Jammu and Kashmir was empowered to do so.
Seeking dismissal of plea challenging the government's decision to constitute a delimitation commission, Solicitor General Tushar Mehta, appearing for the Centre, told the top court that the J&K Reorganisation Act, 2019 does not preclude the establishment of Delimitation Commission by the Central government.
"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 J&K.
"By virtue of Sections 60-61, while the power to determine delimitation is conferred on Election Commission, Section 62(2) and 62(3) confers powers to carry out delimitation on the Delimitation Commission constituted under Section 3 of the Delimitation Act," Mehta told a bench of Justices S K Kaul and Abhay S Oka which reserved its verdict on Thursday.
On March 6, 2020, Union Ministry of Law and Justice (Legislative Department) had issued a notification in exercise of power under Section 3 of the Delimitation Act, 2002, constituting a Delimitation Commission, with former Supreme Court judge (Retd) Ranjana Prakash Desai as the chairperson.
The Solicitor General also opposed the submission of the petitioners that Article 170 barred delimitation exercise on the basis of the 2011 census.
He said petitioners are wrong in their submission that delimitation exercise had to either happen on the basis of 2001 census or await "the first census after the year 2026."
"The idea was that last delimitation under the old regime took place in 1995. It was also the government's idea was to immediately give democracy to the newly-formed Union Territory... For that to wait till 2026 or to do it as per 2002 was found to be legislatively unwise. The reorganisation provided for Section 59 recognising that commission would be more apt," Mehta told the top court.
