By means of PTI
NEW DELHI: The Superb Court docket on Monday pushed aside a plea difficult the federal government’s choice to represent the delimitation fee for redrawing the legislative meeting and Lok Sabha constituencies within the Union Territory of Jammu and Kashmir.
A bench of Justices S Ok Kaul and A S Oka delivered the decision on a plea filed by means of two Kashmir citizens. Whilst saying the decision, Justice Oka mentioned not anything on this judgement might be construed as giving an imprimatur to the workout of energy beneath clauses one and 3 of Article 370 of the Charter.
The bench noticed that the problem of validity of the workout of energy with regards to Article 370 is material of petitions pending prior to the apex court docket.
The highest court docket is seized of petitions difficult the constitutional validity of the Centre’s choice to abrogate provisions of Article 370 on August 5, 2019.
A number of petitions were filed within the apex court docket difficult the Centre’s choice to abrogate provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which cut up J-Ok into two Union Territories — Jammu and Kashmir, and Ladakh.
By means of abrogating Article 370, the Central govt had revoked the particular standing of Jammu and Kashmir.
The apex court docket had on December 1 closing 12 months reserved its verdict at the plea difficult the federal government’s choice to represent the delimitation fee.
All through the listening to on December 1 closing 12 months, the Centre had instructed the highest court docket that the delimitation fee shaped to redraw the legislative meeting and Lok Sabha constituencies in Jammu and Kashmir was once empowered to take action.
Looking for dismissal of the plea, Solicitor Normal Tushar Mehta, showing for the Centre, had argued that the Jammu and Kashmir Reorganisation Act, 2019 does now not preclude the status quo of the Delimitation Fee by means of the Central govt.
On March 6, 2020, the Union Ministry of Regulation and Justice (Legislative Division) had issued a notification within the workout of energy beneath segment 3 of the Delimitation Act, 2002, constituting a Delimitation Fee, with former Superb Court docket pass judgement on (Retd) Ranjana Prakash Desai because the chairperson.
The suggest showing for the 2 petitioners, Haji Abdul Gani Khan and Mohammad Ayub Mattoo, had argued that the delimitation workout was once performed in contravention of the scheme of the Charter and alteration of obstacles and inclusion of prolonged spaces will have to now not were achieved.
The plea had sought a declaration that the rise within the collection of seats from 107 to 114 (together with 24 seats in Pakistan-occupied Kashmir) in Jammu and Kashmir is extremely vires constitutional provisions and statutory provisions, in particular beneath segment 63 of the Jammu and Kashmir Reorganisation Act, 2019.
It had mentioned the closing delimitation fee was once arrange on July 12, 2002, within the workout of powers conferred by means of segment 3 of the Delimitation Act, 2002 after the 2001 census to hold out the workout all the way through the rustic.
The plea had mentioned the fee had issued pointers and method for the delimitation of meeting and parliamentary constituencies vide letter dated July 5, 2004, at the side of the constitutional and criminal provisions.
“It obviously said that the overall collection of current seats within the Legislative Assemblies of all states, together with UTs of the Nationwide Capital Area and Pondicherry, as fastened in keeping with the 1971 census shall stay unaltered until the primary census to be taken after the 12 months 2026,” the plea had submitted.
It had sought to claim as unconstitutional the notification dated March 6, 2020, constituting the delimitation fee to absorb delimitation within the UT of J-Ok and states of Assam, Arunachal Pradesh, Manipur, and Nagaland by means of the Centre.
The plea had additionally challenged the consequential omission of Assam, Arunachal Pradesh, Manipur and Nagaland from the method of delimitation vide notification dated March 3, 2021, claiming that it quantities to classification and violates Article 14 (equality prior to regulation) of the Charter.
NEW DELHI: The Superb Court docket on Monday pushed aside a plea difficult the federal government’s choice to represent the delimitation fee for redrawing the legislative meeting and Lok Sabha constituencies within the Union Territory of Jammu and Kashmir.
A bench of Justices S Ok Kaul and A S Oka delivered the decision on a plea filed by means of two Kashmir citizens. Whilst saying the decision, Justice Oka mentioned not anything on this judgement might be construed as giving an imprimatur to the workout of energy beneath clauses one and 3 of Article 370 of the Charter.
The bench noticed that the problem of validity of the workout of energy with regards to Article 370 is material of petitions pending prior to the apex court docket.
The highest court docket is seized of petitions difficult the constitutional validity of the Centre’s choice to abrogate provisions of Article 370 on August 5, 2019.
A number of petitions were filed within the apex court docket difficult the Centre’s choice to abrogate provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which cut up J-Ok into two Union Territories — Jammu and Kashmir, and Ladakh.
By means of abrogating Article 370, the Central govt had revoked the particular standing of Jammu and Kashmir.
The apex court docket had on December 1 closing 12 months reserved its verdict at the plea difficult the federal government’s choice to represent the delimitation fee.
All through the listening to on December 1 closing 12 months, the Centre had instructed the highest court docket that the delimitation fee shaped to redraw the legislative meeting and Lok Sabha constituencies in Jammu and Kashmir was once empowered to take action.
Looking for dismissal of the plea, Solicitor Normal Tushar Mehta, showing for the Centre, had argued that the Jammu and Kashmir Reorganisation Act, 2019 does now not preclude the status quo of the Delimitation Fee by means of the Central govt.
On March 6, 2020, the Union Ministry of Regulation and Justice (Legislative Division) had issued a notification within the workout of energy beneath segment 3 of the Delimitation Act, 2002, constituting a Delimitation Fee, with former Superb Court docket pass judgement on (Retd) Ranjana Prakash Desai because the chairperson.
The suggest showing for the 2 petitioners, Haji Abdul Gani Khan and Mohammad Ayub Mattoo, had argued that the delimitation workout was once performed in contravention of the scheme of the Charter and alteration of obstacles and inclusion of prolonged spaces will have to now not were achieved.
The plea had sought a declaration that the rise within the collection of seats from 107 to 114 (together with 24 seats in Pakistan-occupied Kashmir) in Jammu and Kashmir is extremely vires constitutional provisions and statutory provisions, in particular beneath segment 63 of the Jammu and Kashmir Reorganisation Act, 2019.
It had mentioned the closing delimitation fee was once arrange on July 12, 2002, within the workout of powers conferred by means of segment 3 of the Delimitation Act, 2002 after the 2001 census to hold out the workout all the way through the rustic.
The plea had mentioned the fee had issued pointers and method for the delimitation of meeting and parliamentary constituencies vide letter dated July 5, 2004, at the side of the constitutional and criminal provisions.
“It obviously said that the overall collection of current seats within the Legislative Assemblies of all states, together with UTs of the Nationwide Capital Area and Pondicherry, as fastened in keeping with the 1971 census shall stay unaltered until the primary census to be taken after the 12 months 2026,” the plea had submitted.
It had sought to claim as unconstitutional the notification dated March 6, 2020, constituting the delimitation fee to absorb delimitation within the UT of J-Ok and states of Assam, Arunachal Pradesh, Manipur, and Nagaland by means of the Centre.
The plea had additionally challenged the consequential omission of Assam, Arunachal Pradesh, Manipur and Nagaland from the method of delimitation vide notification dated March 3, 2021, claiming that it quantities to classification and violates Article 14 (equality prior to regulation) of the Charter.