News Analysis India

Tag: Delimitation Commission

  • Jammu and Kashmir delimitation order above challenge: Centre to SC

    Express News Service

    NEW DELHI: In a plea which challenges the move of the Delimitation commission of redrawing poll constituencies in Jammu and Kashmir and increasing the tally of Assembly seats from 83 to 90, the Central government and ECI have told the Supreme Court that provisions under the Delimitation Act, 2002 bar challenge to the orders of the Commission once they are published in the Gazette of India. 

    “The instant Writ Petition is nothing but a frivolous attempt to challenge the orders of the Delimitation Commission without any basis. It is further submitted that the Petitioners cannot, by way of this instant Writ Petition, indirectly do what they cannot do directly, i.e., challenge the Delimitation Order passed by the Delimitation Commission,” the affidavit filed by Centre states. 

    The affidavit has been filed in the plea preferred by Srinagar-resident Haji Abdul Gani Khan who also has challenged the notifications issued in 2020 by the Ministry of Law and Justice  for constituting Delimitation Commission to take up delimitation in the UT of J&K. It has been argued in the petition that the constitution of the commission was without power, jurisdiction and authority.

    On May 13, 2022 a bench of Justices SK Kaul and MM Sundresh had sought a response from  the Center, the Jammu and Kashmir administration and the Election Commission of India (ECI). On August 30, the bench while expressing displeasure on the failure to file the response had said if the Center fails to file its response within a week, the affidavit will be accepted by the registry only with a fine of Rs 25,000.

    Objecting to the locus of the writ, the Centre in the plea has said that the plea is not maintainable as the commission was set up in 2020. It has also been contended that draft orders of the Delimitation Commission inviting comments were published in the Gazette on March 14, 2022 and delimitation of the constituencies in Union Territory of Jammu & Kashmir is not violative of Article 170 of the Constitution which deals with composition of Legislative Assemblies of States. “The ECI cannot provide any opinion/comment regarding the validity of the order,” the ECI in the affidavit.

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    NEW DELHI: In a plea which challenges the move of the Delimitation commission of redrawing poll constituencies in Jammu and Kashmir and increasing the tally of Assembly seats from 83 to 90, the Central government and ECI have told the Supreme Court that provisions under the Delimitation Act, 2002 bar challenge to the orders of the Commission once they are published in the Gazette of India. 

    “The instant Writ Petition is nothing but a frivolous attempt to challenge the orders of the Delimitation Commission without any basis. It is further submitted that the Petitioners cannot, by way of this instant Writ Petition, indirectly do what they cannot do directly, i.e., challenge the Delimitation Order passed by the Delimitation Commission,” the affidavit filed by Centre states. 

    The affidavit has been filed in the plea preferred by Srinagar-resident Haji Abdul Gani Khan who also has challenged the notifications issued in 2020 by the Ministry of Law and Justice  for constituting Delimitation Commission to take up delimitation in the UT of J&K. It has been argued in the petition that the constitution of the commission was without power, jurisdiction and authority.

    On May 13, 2022 a bench of Justices SK Kaul and MM Sundresh had sought a response from  the Center, the Jammu and Kashmir administration and the Election Commission of India (ECI). On August 30, the bench while expressing displeasure on the failure to file the response had said if the Center fails to file its response within a week, the affidavit will be accepted by the registry only with a fine of Rs 25,000.

    Objecting to the locus of the writ, the Centre in the plea has said that the plea is not maintainable as the commission was set up in 2020. It has also been contended that draft orders of the Delimitation Commission inviting comments were published in the Gazette on March 14, 2022 and delimitation of the constituencies in Union Territory of Jammu & Kashmir is not violative of Article 170 of the Constitution which deals with composition of Legislative Assemblies of States. “The ECI cannot provide any opinion/comment regarding the validity of the order,” the ECI in the affidavit.

    Also in top court

    Mumbai civic body gets nod for project
    The Supreme Court has allowed the municipal corporation of Greater Mumbai to commence partial development work in the ongoing Mumbai Coastal Road Project while observing that sustainable development is an important ingredient in the protection of environment.

    ‘Tribunal-approved termination binding’
    The Supreme Court of India recently observed that an order of termination approved by an Industrial Tribunal is binding on the parties and a Labour Court cannot take a contrary view against it. The Court was considering an appeal plea by the Rajasthan State Road Transport Corporation.

  • Delimitation orders once published in Gazette cannot be challenged: Centre tells SC

    Express News Service

    NEW DELHI: In a plea that challenges the move of the delimitation commission of redrawing poll constituencies in Jammu and Kashmir and increasing the tally of assembly seats from 83 to 90, Central Government and ECI have told the Supreme Court that provisions under the Delimitation Act, 2002 bars challenge to the orders of the Commission once they are published in the Gazette of India. 

    “The instant Writ Petition is nothing but a frivolous attempt to challenge the orders of the Delimitation Commission without any basis. It is further submitted that the Petitioners cannot, by way of this instant Writ Petition, indirectly do what they cannot do directly, i.e., challenge the Delimitation Order passed by the Delimitation Commission,” the affidavit filed by Center states. 

    The affidavit has been filed in the plea preferred by Srinagar-resident Haji Abdul Gani Khan who also has challenged the notifications issued in 2020 by the Ministry of Law and Justice for constituting the Delimitation Commission to take up delimitation in the UT of J&K. It has been argued in the petition that the constitution of the commission was without power, jurisdiction and authority.

    On May 13, 2022, a bench of Justices SK Kaul and MM Sundresh sought a response from the Center, the Jammu and Kashmir administration and the Election Commission of India (ECI). On August 30, the bench while expressing displeasure on the failure to file the response had said if the Center fails to file its response within a week, the affidavit will be accepted by the registry only with a fine of ₹25,000.

    Objecting to the locus of the writ, Modi Government in the plea has also said that the plea is not maintainable as the commission was set up in 2020. It has also been contended that draft orders of the Delimitation Commission inviting comments were published in the gazette on March 14, 2022 and delimitation of the constituencies in Union Territory of Jammu & Kashmir is not violative of Article 170 of the Constitution which deals with composition of Legislative Assemblies of States. 

    “As Article 170 dealing with the Composition of Legislative Assemblies of States is concerned, the Petitioner has failed to acknowledge and appreciate Article 4 of the Constitution which grants power to make supplemental provisions and modifications (including delimitation], which would not amount to the amendment of the Constitution,” the affidavit states. 

    In the same plea, the apex poll body, Election Commission of India has said that it has no jurisdiction to comment on the vires of law under which the Delimitation Commission was set up. Referring to Article 329 of the Constitution which bars interference by courts in electoral matters, ECI has said that “Under. Article 329(a) of the Constitution, there is a bar on judicial interference regarding the validity of any law relating to delimitation of constituencies.”

    “The notifications challenged have been issued by the Central Government under the Delimitation Act, 2002 and therefore the ECI cannot provide any opinion/comment regarding the validity of the same,” ECI in the affidavit has also said. 

    NEW DELHI: In a plea that challenges the move of the delimitation commission of redrawing poll constituencies in Jammu and Kashmir and increasing the tally of assembly seats from 83 to 90, Central Government and ECI have told the Supreme Court that provisions under the Delimitation Act, 2002 bars challenge to the orders of the Commission once they are published in the Gazette of India. 

    “The instant Writ Petition is nothing but a frivolous attempt to challenge the orders of the Delimitation Commission without any basis. It is further submitted that the Petitioners cannot, by way of this instant Writ Petition, indirectly do what they cannot do directly, i.e., challenge the Delimitation Order passed by the Delimitation Commission,” the affidavit filed by Center states. 

    The affidavit has been filed in the plea preferred by Srinagar-resident Haji Abdul Gani Khan who also has challenged the notifications issued in 2020 by the Ministry of Law and Justice for constituting the Delimitation Commission to take up delimitation in the UT of J&K. It has been argued in the petition that the constitution of the commission was without power, jurisdiction and authority.

    On May 13, 2022, a bench of Justices SK Kaul and MM Sundresh sought a response from the Center, the Jammu and Kashmir administration and the Election Commission of India (ECI). On August 30, the bench while expressing displeasure on the failure to file the response had said if the Center fails to file its response within a week, the affidavit will be accepted by the registry only with a fine of ₹25,000.

    Objecting to the locus of the writ, Modi Government in the plea has also said that the plea is not maintainable as the commission was set up in 2020. It has also been contended that draft orders of the Delimitation Commission inviting comments were published in the gazette on March 14, 2022 and delimitation of the constituencies in Union Territory of Jammu & Kashmir is not violative of Article 170 of the Constitution which deals with composition of Legislative Assemblies of States. 

    “As Article 170 dealing with the Composition of Legislative Assemblies of States is concerned, the Petitioner has failed to acknowledge and appreciate Article 4 of the Constitution which grants power to make supplemental provisions and modifications (including delimitation], which would not amount to the amendment of the Constitution,” the affidavit states. 

    In the same plea, the apex poll body, Election Commission of India has said that it has no jurisdiction to comment on the vires of law under which the Delimitation Commission was set up. Referring to Article 329 of the Constitution which bars interference by courts in electoral matters, ECI has said that “Under. Article 329(a) of the Constitution, there is a bar on judicial interference regarding the validity of any law relating to delimitation of constituencies.”

    “The notifications challenged have been issued by the Central Government under the Delimitation Act, 2002 and therefore the ECI cannot provide any opinion/comment regarding the validity of the same,” ECI in the affidavit has also said. 

  • J&K: NC, People’s Conference indulge in blame game over delimitation panel report

    By PTI

    SRINAGAR: The National Conference on Thursday said it was studying the impact of the Delimitation Commission report on individual assembly segments in Jammu and Kashmir but claimed the BJP and its proxies will be punished by the voters whenever elections are held in the union territory.

    However, the People’s Conference led by Sajad Gani Lone, which is seen as an ally of the BJP, accused the National Conference of providing sanctity to the delimitation exercise after its MPs participated in the deliberations of the commission.

    Redrawing the electoral map of Jammu and Kashmir, a three-member Delimitation Commission on Thursday earmarked 47 assembly seats for Kashmir division and 43 for Jammu in its final order submitted just a day before its two-year tenure was to end.

    A gazette notification was issued after the panel, headed by retired Supreme Court judge Ranjana Prakash Desai, signed the final order giving Jammu six additional seats and one more to Kashmir.

    “We have seen the final recommendations of the Delimitation Commission. We are studying the implications of these recommendations for individual assembly constituencies. No amount of gerrymandering will change the ground reality which is that whenever elections are held the voter will punish the BJP & its proxies for what they have done to J&K over the last 4 years,” the National Conference tweeted.

    However, the People’s Conference said the delimitation report is a repeat of the past and accused the NC of providing sanctity to the delimitation exercise.

    “Same traditional entities are calling the shots behind the scenes. Kashmir has been discriminated against as in the past. No change. Only degree of disempowerment is greater,” the party said in a statement posted on Twitter.

    Over the last six decades, Kashmir’s share of assembly seats in the J-K assembly increased from 43 to 47, while Jammu’s share rose from 30 to 43. Who is responsible for systematic disempowerment of Kashmiris from 1947, it asked.

    “Those who aided and abetted in the journey from Jammu’s 30 to 37 are the ones who aided and abetted from 37 to 43. Wish Kashmiri parties had stayed away and not diluted the stigma associated with a people-less process. Hope Kashmiris will remember the parties who associated themselves with delimitation process which was in essential a tool for disempowerment will always be in wonderment. How could a party which associated itself with the delimitation process be so audacious. They actually had the nerve of submitting one memorandum in Kashmir and a separate memorandum in Jammu. Ironically the memorandums were contradictory,” the People’s Conference said “The Jammu one seemed to have been copy-pasted from the Hindutva brigade,” it added.

    The party said it will go for an RTI and seek the video recordings of the meetings.

    “How those who started beating their chests outside the meeting halls were bending their back backwards to appease and please the members of the delimitation commission. Financial scams indulged in – during the last few decades cannot be squared off by covertly facilitating disempowerment of the Kashmiris. How stupid we were. We couldn’t see through the game plan. The raids. The EDs. It was all a game. A trade-off. They again bartered away the Kashmiris. The barterers are the same. When will this change,” it said.

    The party said it does not claim that the outcome of the exercise would have been any different if there was no participation of the National Conference. “But the process would not enjoy the sanctity that they enjoy now.”

  • BJP gets ready for Jammu & Kashmir election with JP Nadda’s visit

    Express News Service

    SRINAGAR:  With the Delimitation Commission set to submit its report on delimitation of Assembly and Lok Saba seats in Jammu & Kashmir to the government in May, BJP president JP Nadda has asked party leaders and workers to gear up for the first-ever Assembly polls in the Union Territory.

    Nadda met selected leaders of Jammu & Kashmir BJP during his one-day visit on Monday and discussed the political situation after the scrapping of Articles 370 and 35A and bifurcation of Jammu & Kashmir into two UTs.

    Sources said that the BJP chief asked leaders and workers to gear up for Assembly polls, which is likely in October-November after completion of the delimitation exercise.

    “Increase your public outreach programmes and inform people about the developmental and welfare schemes launched by the Modi government pre and post Article 370 revocation. A BJP worker never takes rest and works the whole year for the masses. We have to remain attached to people. That cannot be done only at the time of elections,” the BJP chief told party leaders.

    Nadda, who could not chair the core group meeting of the party, asked leaders to hold such meetings every fortnight to discuss in details the political situation and party affairs. A senior leader said that Nadda’s visit has rejuvenated the workers and now, the party would increase its activities across the UT.

    “We are always in election mode. We are ready for the polls as and when announced. Booth-level leaders and workers have been active,” he said.

  • J&K delimitation panel shares revised draft report with associate members

    By PTI

    NEW DELHI: The Delimitation Commission, mandated to redraw assembly constituencies in Jammu and Kashmir, on Friday circulated a revised draft report to its associate members incorporating some changes suggested by them.

    Five Lok Sabha members from Jammu and Kashmir — Farooq Abdullah, Mohammad Akbar Lone and Hasnain Masoodi of the National Conference and Jugal Kishore Sharma and Jitendra Singh of the BJP — are the panel’s associate members.

    They had suggested various changes to the earlier draft report of the panel. The panel had met on Thursday and accepted most of the suggestions after due consideration, sources said.

    They said the reworked draft incorporating the suggestions was circulated to the five associate members on Friday.

    In their objections and suggestions, the members had urged the panel to “redraw” some assembly seats. Their suggestions regarding Habba Kadal seat in Srinagar and Suchetgarh seat in Jammu have been accepted.

    The commission has also agreed not to rename Inderwal assembly seat, sources said.

    The Delimitation Commission on Jammu and Kashmir is headed by former Supreme Court judge Ranjana Prakash Desai, with Chief Election Commissioner Sushil Chandra and the State Election Commissioner of Jammu and Kashmir being its ex-officio members.

    The associate members have been asked to respond to the latest draft in a week’s time.

    Later, the commission will put the draft in public domain to get suggestions from people. It was recently given a two-month extension till May 6 to complete its task.

  • Delimitation panel on J&K gets two months extension

    By PTI

    NEW DELHI: The term of the Delimitation Commission, mandated to redraw the assembly constituencies of Jammu and Kashmir, has been extended by two months to complete its task.

    The panel’s term was to end on March 6, but according to a Law Ministry notification issued on Monday, it has been extended by two months — till May 6 this year.

    The panel needed more time to ready its final report, sources aware of the reasons for the extension said. Formed in March 2020, the panel was granted a one-year extension last year.

    Headed by former Supreme Court judge Ranjana Prakash Desai, it has Chief Election Commissioner Sushil Chandra and the state election commissioner of Jammu and Kashmir as its ex-officio members.

    In its draft report shared with its five associated members — all Lok Sabha members from Jammu and Kashmir — the delimitation panel has proposed an overhaul of assembly and Lok Sabha constituencies in the Union territory.

    Jammu and Kashmir at present has no legislative assembly. It is a union territory with a provision for a legislature.

    The Commission has asked the associate members to give their inputs and objections to the draft in the coming days. Then they would be asked whether their objections, if any, should be printed before the next draft is put out in the public domain.

    Once people share their inputs and objections, the panel would start working on the final report, the sources explained. Delimitation is the process of fixing limits or boundaries of territorial constituencies in a state or country.

  • CPI(M) leader Tarigami files plea in SC for early hearing of petition on Article 370

    By PTI

    SRINAGAR: Senior CPI(M) leader M Y Tarigami on Friday filed a plea in the Supreme Court seeking an early hearing of the petition challenging the constitutional validity of the Centre’s decision to revoke the special status of Jammu and Kashmir.

    In his petition, Tarigami said despite the challenge to the constitutional validity of orders by the Centre on August 5, 2019, as well as the J-K (Reorganisation) Act, 2019 is pending before the Supreme Court, the central government has taken some “irreversible actions.”

    He said the Centre has constituted a Delimitation Commission to mark boundaries in the territory for all the constituencies before an assembly election can be held.

    “Amendment of the Jammu and Kashmir Development Act allowing persons who are not permanent residents to buy land in Jammu and Kashmir if it is not agricultural land. Closing down of institutions such as the J-K State Women’s Commission, J-K State Accountability Commission, J-K State Consumer Protection Commission and J-K State Human Rights Commission,” the petition said, listing out some decisions by the Centre.

    The petitioner said in view of the aforesaid actions being taken by the central government, it is submitted that the challenge to the constitutional validity ought to be heard on an expedited basis otherwise the petition itself would be rendered infructuous in view of the irreversible actions of the respondents and the applicant would be rendered remediless.

    The CPI(M) leader said if the matters were not heard urgently, “grave injustice will be caused to the applicant.”

    “In view of the above facts and circumstances this Hon’ble Court may have kind indulgence to direct the respondents accordingly, in the interest of justice, otherwise the Applicant will be put to irreparable loss, injury and hardships,” the petition said.

    Tarigami submitted that the court may be pleased to list his writ petition (Civil) no. 1210 of 2019 on an early date, in the interest of justice and pass such other order or further orders as the Court may deem fit and proper in the circumstances of the case.

  • Jammu, Kashmir have separate issues: Abdullah on party unit’s proposal to delimitation panel

    By PTI
    SRINAGAR: Amid criticism that National Conference’s proposal to the Delimitation Commission in Jammu echoed BJP’s demands, party president Farooq Abdullah on Sunday said the issues in the two regions of the union territory were different from each other.

    Speaking to reporters after paying floral tributes to his mother Begam Akbar Jehan at her mausoleum on the occasion of her 21st death anniversary, Abdullah said the different issues projected by the party’s Jammu unit should not worry the people.

    “Jammu has separate issues, while Kashmir has separate issues.

    Why are you worried?” the NC president told reporters when asked about the criticism by some quarters that the party’s proposal to the commission in Jammu echoed the BJP demands in framing a new criterion to delimit constituencies.

    In a reply to a question over the situation in Afghanistan and whether it would have any effect on Kashmir, Abdullah said he prays to God to bring peace to that country.

    “Afghanistan is a separate country.

    May God bring peace there and do whatever is right for the people there.

    I cannot say anything more than this because I have no relation with Afghanistan,” he said.

    Earlier, Abdullah along with his son and NC vice president Omar Abdullah and other senior leaders of the party paid floral tributes at the mausoleum of Begam Akbar Jehan — wife of NC founder Sheikh Mohammad Abdullah.

    The NC leaders also offered special prayers there.

  • Jammu and Kashmir delimitation process to be fair and transparent: Panel

    Express News Service
    SRINAGAR: With some political parties casting doubts over the fairness of the delimitation exercise to redraw Assembly constituencies in J&K, the Delimitation Commission, on the completion of its four-day visit to the Union territory, on Friday assured that the process would be completed in a very fair and transparent manner.

    “The delimitation is a complex exercise, not just mere arithmetic. It must reflect the political aspirations of society. Though population forms a base of delimitation, the attention must be given to the geographical area, topographical difficulties, communication challenges, and public convenience,” Chief Election Commissioner (CEC) and member of Delimitation Commission Sushil Chandra said.

    It was the commission’s first visit to J&K after its formation in March last year to redraw the Assembly constituencies in the UT. The commission has been given one year’s extension to complete the delimitation exercise. Chandra said the panel during its visit to J&K met 290 groups and 800 people in Srinagar, Pahalgam, Kishtwar and Jammu. “There was an overwhelming response from the groups and people,” he said.

    The CEC said the exercise is being carried out under the 2011 Census and J&K officials have provided the details of patwar halqas, district areas, population figures, etc.

    In the 2011 Census, he said, J&K had only 12 districts and the number of districts has now climbed to 20. “Similarly, there were only 58 tehsils and it has risen to 270,” he said.  “In 12 districts, constituency boundaries are extended beyond limits of districts while 88 tehsils are distributed in more than one district,” he said.

    When asked that PDP chief Mehbooba Mufti has alleged that the delimitation was a “pre-planned exercise”, commission chairperson Justice (Retd) Ranjana Prakash Desai assured that the exercise will be completed in a very fair and transparent manner.

  • Jammu & Kashmir: Leaders of political parties meet with Delimitation Commission panel

    By ANI

    SRINAGAR: Leaders of different political parties of Jammu and Kashmir arrived at the hotel in Srinagar for a meeting with members of the Delimitation Commission on Tuesday.

    The members of the Delimitation panel will be meeting political leaders, district officers or Deputy Commissioners of 20 districts of the region and other stakeholders and gather ground-level information relating to the ongoing process of delimitation in the Union Territory.

    Both Congress and BJP, along with Jammu and Kashmir’s Panthers Party had welcomed the move of the Election Commission and said they will meet the delegation and demand fair representation of all communities.

    Earlier, the People’s Democratic Party (PDP) said it will not meet the Jammu and Kashmir Delimitation Commission, stating that the “outcome of the meeting which is widely believed to be pre-planned and may further hurt the interests of our people.”

    The Delimitation Commission, tasked with redrawing parliamentary and assembly constituencies in Jammu and Kashmir, is scheduled to visit the Union Territory from July 6 to July 9 and interact with administrative officials, political parties and public representatives there.

    The decision to visit Jammu and Kashmir was taken after the panel held a meeting at the Election Commission office in the national capital on June 30.

    Prime Minister, Narendra Modi had held a meeting with political leaders from Jammu and Kashmir on June 24. The meeting was the first high-level interaction between the Centre and political leadership mainly from Kashmir since August 5, 2019, when the Centre abrogated Article 370 that gave special status to Jammu and Kashmir and also bifurcated the erstwhile state into two union territories – Jammu and Kashmir and Ladakh.

    Days after attending an all-party meeting convened by Prime Minister Narendra Modi in the national capital, the People’s Alliance for Gupkar Declaration (PAGD) has expressed its dissatisfaction over the outcome of the meeting. The first meeting of the alliance after the Delhi meeting was held late Sunday evening at the residence of National Conference (NC) president Farooq Abdullah, who is also the chairman of the alliance.

    PAGD spokesperson MY Tarigami told ANI that there has been an “absence of any substantial confidence-building measures” such as releasing political and other prisoners from jails.