The Supreme Court reserved its verdict on a plea challenging the move of the Delimitation Commission of redrawing the Legislative Assembly and Lok Sabha constituencies in Jammu & Kashmir.

The Centre told the Supreme Court that the Delimitation Commission was empowered to do so.

Seeking dismissal of plea challenging the government’s decision to constitute a Delimitation Commission, Solicitor General Tushar Mehta, appearing for the Centre, told the top court that the Jammu & Kashmir Reorganisation Act, 2019 does not preclude the establishment of Delimitation Commission by the central government.

On March 6, 2020, Union Ministry of Law and Justice (Legislative Department) had issued a notification in exercise of power under Section 3 of the Delimitation Act, 2002, constituting a Delimitation Commission, with former Supreme Court judge (Retd) Ranjana Prakash Desai as the chairperson.

What is delimitation?

Delimitation means the process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body. 

The job of delimitation is assigned to a high power body. Such a body is known as Delimitation Commission or a Boundary Commission.

Delimitation Commissions have been constituted in the past:

• In 1952 under the Delimitation Commission Act, 1952

• In 1963 under Delimitation Commission Act, 1962

• In 1973 under Delimitation Act, 1972

• In 2002 under Delimitation Act, 2002.

The Delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court. These orders come into force on a date to be specified by the President of India on this behalf. The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.

Delimitation in Jammu & Kashmir

• Delimitation in Jammu & Kashmir is being carried out as per the provisions of J&K Reorganisation Act, 2019 that split the state into two UTs of Jammu & Kashmir with an Assembly and Ladakh without an Assembly.

• Set up in March 2020, the Delimitation Commission was mandated to redraw the constituencies of Jammu & Kashmir which at present is under central rule.

• The panel was headed by Justice Ranjana Prakash Desai, a retired Judge of the Supreme Court of India. 

• The other two ex-officio members were Chief Election Commissioner Sushil Chandra and Jammu & Kashmir Election Commissioner K.K. Sharma. Five Lok Sabha members — three from the National Conference and two from the BJP — were Associate members to the Commission.

• The delimitation is based on the Census of 2011 due to an amendment in the J&K Reorganisation Act.

• The Assembly seats in the erstwhile state of Jammu & Kashmir were last delimited in 1995 based on the 1981 Census.

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