Supreme Court dismisses Plea challenging Delimitation in Jammu and Kashmir

Subject : Polity

Section: Elections

Concept :

The Supreme Court dismissed a challenge to the Constitution of the Jammu and Kashmir Delimitation Commission to readjust constituencies in the new Union Territory.
The petition had contended that the delimitation exercise was in violation of Article 170(3) which had frozen delimitation till the first census after 2026.
The petitioners had argued that delimitation cannot happen on the basis of the 2011 Census but must be carried out as per the 2001 Census or await “the first census after the year 2026”.

Supreme Court’s Judgement:

On the legality of the Delimitation Commission for J&K, the two-judge bench of the Supreme Court said “the J&K Reorganisation Act, which created the two new Union territories, assigns the role of readjustment of constituencies to the Delimitation Commission under the Delimitation Act, 2002”.
The Court said that Article 4 of the Constitution permits the Parliament to incorporate such provisions in the law made in accordance with Article 3 for the formation of new States and Union territories, which may be necessary to give effect to the provisions of the law.
Such a law may also contain provisions as to representations in Parliament and in the Legislature of the State or States affected by such law.
Therefore, such law which is made under Article 3 can always provide for readjustment of the Constituencies in the newly constituted States or Union territories through the Delimitation Commission.
Hence, the Court held that there is no illegality associated with the establishment of the Delimitation Commission for J&K.

Constitutional Provisions:

Article 82 and Article 170 of the Constitution empowers the Parliament to readjust the allocation of seats in the Lok Sabha and the Legislative Assemblies of States respectively, after every census.
Accordingly, the Parliament enacts a Delimitation Commission Act and an independent high-powered panel known as the Delimitation Commission is constituted to carry out the exercise of delimitation.
The Parliament has enacted the Delimitation Commission Acts in 1952, 1962, 1972 and 2002 for this purpose.
There was no Delimitation Commission Act after the 1981 and 1991 census.
The present delimitation of constituencies has been done on the basis of 2001 census data under the provisions of Delimitation Commission Act, 2002.
The next Delimitation Commission will be set up after 2026.
Further, Article 330 and Article 332 of the Constitution provide for re-fixing the number of seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and the Legislative Assemblies of the states, on the basis of the 2001 census.

About Delimitation Commission:

The Delimitation Commission is a high-powered committee entrusted with the task of drawing and redrawing of boundaries of different constituencies for state assembly and Lok Sabha election.
It is appointed by the President and works in collaboration with the Election Commission.
The Commission consists of –
- A retired or working Supreme Court Judge (chairperson)
- Election Commissioner
- Concerned State Election Commissioners
The Commission’s orders have the force of law and cannot be called in question before any court.

Delimitation Commission for Jammu & Kashmir:

In the erstwhile state of Jammu and Kashmir, the delimitation of Lok Sabha seats was governed by the Indian Constitution, but the delimitation of its Assembly seats was governed separately by the Jammu and Kashmir Constitution.
But after the abrogation of Article 370 on August 5, 2019, Jammu and Kashmir lost its special status and became a Union Territory.
In March 2020, the Union government set-up a Delimitation Commission which was tasked with delimitation in J&K and four north-eastern states – Assam, Manipur, Arunachal Pradesh and Nagaland, which was supposed to be completed in a year.
However, due to Covid-19 pandemic, the Commission had been given an extension of one year.
It will be only after the completion of the delimitation exercise that elections for the J&K Legislative Assembly can be held.