SC dismisses challenge to redrawing of constituencies in Jammu and Kashmir

The Supreme Court on Monday dismissed a plea challenging the government's decision to set up a delimitation commission for redrawing the legislative assembly and Lok Sabha constituencies in the union territory of Jammu and Kashmir. A bench of Justices SK Kaul and AS Oka delivered the verdict on a plea filed by two Kashmiris. Delivering the judgment, Justice Oka said nothing in the judgment should be construed as giving imprimatur to the exercise of power under Article 370(1) and (3) of the Constitution.

The court noted that the issue of the validity of the exercise of power relating to Article 370 is the subject of petitions pending in the Supreme Court. On August 5, 2019, the Supreme Court is dealing with petitions challenging the constitutionality of the Center's decision to abrogate the provisions of Article 370.

Several petitions have been filed in the apex court challenging the Centre's decision to abrogate the provisions of Article 370 and the Jammu and Kashmir Reorganization Act, 2019, which divides J-K into two Union Territories - Jammu and Kashmir and Ladakh. By abrogating Article 370, the central government revoked the special status of Jammu and Kashmir. On December 1 last year, the Supreme Court reserved its verdict on the lawsuit challenging the government's decision to establish a delimitation commission.

During a hearing on December 1 last year, the Center told the apex court that the delimitation commission set up to redraw the Legislative Assembly and Lok Sabha constituencies in Jammu and Kashmir was empowered to do so. Appearing for the Centre, Solicitor General Tushar Mehta, seeking dismissal of the plea, argued that the Jammu and Kashmir Reorganization Act, 2019 did not prevent the central government from setting up a delimitation commission.