A bench headed by Justice Sanjay Kishan Kaul and comprising Justice A.S. Oka clarified that the decision on delimitation would not affect a separate batch of matters where abrogation of Article 370 is under challenge before a constitution bench of the apex court. The detailed judgment will be uploaded later in the day.
The Supreme Court’s dismissal of a petition challenging the delimitation process in Jammu and Kashmir has added to the long list of disappointments for the people of the Union Territory, CPI(M) leader MY Tarigami said.
“There is nothing much to say about the Supreme Court decision on delimitation other than that it is another disappointment for the people of Jammu and Kashmir,” Tarigami, who is also a spokesperson for the People’s Alliance for Gupkar Declaration, told PTI.
Carrying out the delimitation process under the Jammu and Kashmir Reorganisation Act is unacceptable, he said.
“It is just delimitation in the name of delimitation. They have virtually disrupted the unity of people of Jammu and Kashmir,” he said.
The apex court delivered judgment in a petition filed by two Srinagar residents, Haji Abdul Gani Khan and Dr Mohammad Ayub Mattoo, challenging the increase in the number of seats from 107 to 114 in the UT. The petitioners had argued that it was ultra vires Articles 81, 82, 170, 330 and 332 of the Indian Constitution and Section 63 of the Jammu & Kashmir Reorganisation Act, 2019.
Following the abrogation of Article 370 in August 2019 dividing the erstwhile state of Jammu and Kashmir into two union territories, the Delimitation Commission was appointed to redraw the Assembly constituencies of J&K. The commission submitted its report recommending 90 Assembly constituencies in the Union Territory.