• Feedback
  • RSS Feed
  • Sitemap
Ommcom News
  • Home
  • Odisha
  • Nation
  • World
  • Sports
  • Business
  • Entertainment
  • Videos
  • Science & Tech
  • Photo Gallery
  • ଓଡ଼ିଆରେ ପଢନ୍ତୁ
No Result
View All Result
  • Home
  • Odisha
  • Nation
  • World
  • Sports
  • Business
  • Entertainment
  • Videos
  • Science & Tech
  • Photo Gallery
  • ଓଡ଼ିଆରେ ପଢନ୍ତୁ
No Result
View All Result
Odisha News, Odisha Breaking News, Odisha Latest News || Ommcom News
Home Nation

‘There Is No Illegality’: SC Junks Plea Against Delimitation Exercise In J&K

OMMCOM NEWS by OMMCOM NEWS
February 13, 2023
in Nation

New Delhi:  The Supreme Court on Monday junked a plea challenging the setting up of a Delimitation Commission to redraw the assembly and Lok Sabha constituencies in the Union Territory of Jammu and Kashmir.

A bench of Justices Sanjay Kishan Kaul and Abhay S. Oka said there is no illegality associated with the establishment of the Delimitation Commission under the impugned order issued on March 6, 2020. “There is no illegality associated with the delimitation/readjustment of Parliamentary constituencies of the Union Territory of J & K undertaken by the Delimitation Commission,” it added.

The top court observed that the position of northeastern states — Assam, Arunachal Pradesh, Manipur and Nagaland — with respect to conduct of delimitation exercise cannot be compared to that of the newly-created UT of Jammu & Kashmir (J&K).

“The position and the status of the newly-created Union Territory of J&K under the Constitution is completely different from the four northeastern States. In its applicability to the Union Territory of J & K, Sections 4 and 9 of the Delimitation Act, 2002 stand amended by requiring readjustment to be carried out on the basis of the census figures of 2011.”

“In case of the northeastern States, there is no such amendment. Therefore, two unequal cannot be treated as equals. Hence, the argument based on the violation of Constitutional provisions including Article 14 deserves to be rejected.”

The top court dismissed the plea filed by Srinagar residents Haji Abdul Gani Khan and Dr Mohammad Ayub Mattoo challenging the validity of March 6, 2020 order without challenging the Presidential Order bifurcating the state into two Union Territories or the J&K Reorganisation Act providing for the operation of Delimitation Act, 2002 within J&K and increase of seats from 107 to 114.

The bench accepted Centre’s contention that petitioners filed the plea in March last year when the Delimitation Commission’s report “was substantially acted upon” with the publication of draft order.

It said the delimitation exercise was necessary as total assembly constituencies were increased from 107 to 114 under the J&K Reorganisation Act passed by Parliament in 2019.

However, it clarified that it had not examined the validity of the exercise of power, since the issue of J&K reorganisation and the Presidential Order of August 2019 scrapping Article 370, which granted special status to J&K, is pending in a separate proceeding before it.

In a 54-page judgment, Justice Oka, who authored the judgment on behalf of the bench, said: “We are aware that the issue of the validity of the exercise of the said powers is the subject matter of petitions pending before this Court. We have not dealt with the issue of validity. Nothing stated in this judgment shall be construed as giving our imprimatur to the exercise of powers under clauses (1) and (3) of Article 370 of the Constitution.”

The bench noted that though an opportunity was available to the petitioners to challenge the provisions of the J&K Reorganisation Act, they had chosen not to do so.

“We may also note here that the petitioners are also not questioning the 2019 Presidential Order and the said declaration. Therefore, we will have to proceed on the footing that the 2019 Presidential Order, the said declaration and the provisions of the J&K Reorganisation Act are valid. It is in this context that the submissions made across the bar will have to be appreciated,” it added.

“We may, however, clarify that the findings rendered in the judgment are on the footing that the exercise of power made in the year 2019 under clauses (1) and (3) of Article 370 of the Constitution is valid,” the bench said.

(IANS)

Tags: Supreme Court
ShareTweetSendSharePinShareSend
Previous Post

Manufacturing Cutting-Edge Products Need Of The Hour: Rajnath Singh At Aero India 2023

Next Post

Don’t Turn House Into A Municipal Corporation, Speaker Tells Warring TMC, BJP MPs

Related Posts

Jyotiraditya Scindia
Nation

Union Minister Scindia Slams Cong Over ‘Emergency’; Says ‘Indira Is India’ Slogan Peak Of Arrogance

June 27, 2025
Insurance Scheme
Nation

Modi Govt’s Insurance Scheme Becomes Lifesaver For Daughter After Mother’s Demise

June 27, 2025
CBI Special Court
Nation

Illegal Assets: CBI Special Court Attaches 2 Noida Flats Of Ex-EPFO Official

June 27, 2025
Rahul Gandhi
Nation

‘Mask Is Off’: Rahul Gandhi Accuses RSS-BJP Of Undermining Constitutional Spirit

June 27, 2025
CBI
Nation

CBI Files Charge Sheets Against Two Indian Nationals For Murder In UAE, Bahrain

June 27, 2025
Indian Nationals
Nation

4415 Indian Nationals Brought Home From Iran And Israel Under Operation Sindhu: MEA

June 27, 2025
Next Post

Don't Turn House Into A Municipal Corporation, Speaker Tells Warring TMC, BJP MPs

Drugs, Cash Valued At Rs 37 Cr Seized In Pre-Poll Raids In Nagaland

Cabinet Proposes OCS Pension Rules Amendment For Inclusion Of Transgender Child

khimji
OMC
  • Feedback
  • RSS Feed
  • Sitemap

© 2025 - Ommcom News. All Rights Reserved.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

No Result
View All Result
  • Home
  • Odisha
  • Nation
  • World
  • Sports
  • Business
  • Entertainment
  • Videos
  • Science & Tech
  • Photo Gallery
  • ଓଡ଼ିଆରେ ପଢନ୍ତୁ

© 2025 - Ommcom News. All Rights Reserved.