“The challenge to the Reorganisation Act (under which the delimitation process was carried out) is pending, challenge to abrogation of Article 370 is pending before the SC. If all that is pending, how can they (the SC) give verdict on this petition?” she asked
Representative Image. Pic/iStock
The Supreme Court on Monday dismissed a plea challenging the government's decision to constitute the delimitation commission for redrawing the legislative assembly and Lok Sabha constituencies in the Union Territory of Jammu and Kashmir.
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While pronouncing the verdict, Justice A S Oka said nothing in this judgement shall be construed as giving an imprimatur to the exercise of power under clauses one and three of Article 370 of the Constitution.
The bench observed that issue of validity of the exercise of power relating to Article 370 is subject matter of petitions pending before the apex court.
The top court is seized of petitions challenging the constitutional validity of the Centre's decision to abrogate provisions of Article 370 on August 5, 2019.
Seeking dismissal of the plea, Solicitor General Tushar Mehta, appearing for the Centre, had argued that the Jammu and Kashmir Reorganisation Act, 2019 does not preclude the establishment of Delimitation Commission by the Central government.
The counsel appearing for the two petitioners, Haji Abdul Gani Khan and Mohammad Ayub Mattoo, had argued that the delimitation exercise was carried out in contravention of the scheme of the Constitution and alteration of boundaries and inclusion of extended areas should not have been done.
The plea had sought declaration that the increase in the number of seats from 107 to 114 (including 24 seats in Pakistan occupied Kashmir) in Jammu and Kashmir is ultra vires constitutional provisions and statutory provisions, particularly under section 63 of the Jammu and Kashmir Reorganisation Act, 2019.
It had sought to declare as unconstitutional the notification dated March 6, 2020 constituting the delimitation commission to take up delimitation in the UT of Jammu and Kashmir and states of Assam, Arunachal Pradesh, Manipur, and Nagaland by the Centre.
Communist Party of India leader Yousuf Tarigami while reacting to the supreme court decision said dismissal of the petition has added to the long list of disappointments for the people of the Union Territory.
Carrying out the delimitation process under the Jammu and Kashmir Reorganisation Act is unacceptable, he said.
"It is just delimitation in the name of delimitation. They have virtually disrupted the unity of people of Jammu and Kashmir,” he said.
Former Jammu and Kashmir chief minister Mehbooba Mufti said the Supreme Court dismissing the petition challenging the delimitation process in Jammu and Kashmir was immaterial when legal challenges to abrogation of Article 370 and Jammu and Kashmir Reorganisation Act were pending before the apex court.
“We have rejected the delimitation commission from the outset. It does not matter to us what the verdict is,” Mehbooba told reporters here, 41 km from Srinagar.
The former chief minister questioned the SC delivering the verdict on the delimitation petition when other pleas were still pending consideration.
“The challenge to the Reorganisation Act (under which the delimitation process was carried out) is pending, challenge to abrogation of Article 370 is pending before the SC. If all that is pending, how can they (the SC) give verdict on this petition?” she asked.
Mehbooba charged that delimitation was a “tactical process of rigging before the elections. That's what they have done, converting the majority into a minority, in favour of the BJP. We have not even participated in the discussions of the delimitation commission.”
Jammu and Kashmir National Conference said it is not “heartbroken” over the Supreme Court dismissing a petition challenging the delimitation process, but was sure of a victory in the petitions challenging the abrogation of Article 370 by the Centre.
“We are not heartbroken with this. We are sure, whenever the Supreme Court hears our petition on abrogation of Article 370, we have enough ammunition in our arsenal that will tilt the case in our favour because we are not asking for anything outside the Constitution of India,” National Conference spokesperson Imran Nabi Dar told PTI.
He said the stand taken by the party on Article 370 was “part and parcel of the Constitution of India". "So, there is nothing we are seeking that is not within the purview of the Constitution.”
Reacting to the top court's verdict, Awami National Conference (ANC) vice president Muzaffar Shah said there was “nothing new as we expected it”. “I can only say, unfortunately, this delimitation matter was not agitated by major political parties here,” Shah said.
He said he is hopeful that the petitions about Articles 370 and 35-A “will be a different ball game”.
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