Supreme Court dismisses plea challenging delimitation in Jammu and Kashmir

The Supreme Court on February 12 has dismissed a plea challenging the government's decision to constitute the Delimitation Commission for redrawing the Assembly and Lok Sabha constituencies in the Union Territory of Jammu and Kashmir.

Earlier, a Delimitation Commission appointed by the Union Government was tasked with the delimitation of constituencies in J&K as per the mandate set by the Jammu & Kashmir Reorganisation Act, 2019.

The Delimitation Commission carved out an additional six Assembly seats for the Jammu region and one for the Kashmir valley. 

The order of the Commission set the stage for elections in the erstwhile State where the last Assembly elections were held in 2014.

Earlier on January 18, Public intellectual Dr. Hiren Gohain and Rajya Sabha MP Ajit Kumar Bhuyan filed a Public Interest Litigation in the Supreme Court challenging the notification issued by the Election Commission of India on December 27 which  initiated the delimitation of assembly and parliamentary constituencies in Assam and using the 2001 census figures for the readjustment of seats.

Speaking to India Today NE, MP Ajit Kumar Bhuyan said that a PIL has already filed in the Supreme Court on January 18 and their petition in the highest court of the country. He also said that the Supreme Court will hear the petition soon. Bhuyan refrained from further commenting and said that he would make a detailed statement only after the next hearing.

The Election Commission on December 27 said it has initiated the delimitation of assembly and parliamentary constituencies in Assam and will use the 2001 census figures for the readjustment of seats.

The Commission said a ban has been put in place effective January 1, 2023 on the creation of new administrative units in the state till the exercise is completed.
Under the provisions of the Delimitation Act, 1972, the last delimitation of constituencies in Assam was effected on the basis of 1971 census figures by the then Delimitation Commission in 1976, the poll panel noted.

It may be recalled that soon after the Election Commission’s notification, there was a mixed response and reaction on the issue which continues till this day. 
Significantly, the petition filed by Dr. Gohain and MP Ajit Kumar Bhuyan in the Supreme Court challenged the notification of re-determination of the constituency, saying that the notice was issued in violation of the prevailing laws of the country. The public interest litigation registered in the Supreme Court, will have another impact on the state's politics in times to come. 

It is to be noted that while the ruling BJP government allies, UPPL, All Assam Students' Union and other parties and organizations have welcomed  welcomed the start of the constituency delimitation process in Assam while some other parties and organizations including AIUDF, Congress, AAMSU have been opposing it since its declaration. Various parties and organisations have alleged that the BJP had strategically started the delimitation process fulfil their political ambitions ahead of the 2024 Lok Sabha elections.