Supreme Court dismisses plea challenging delimitation in Jammu and Kashmir

The court also added that their judgement will not have a bearing on the petitions challenging the revocation of Article 370. There are still pending pleas in front of the Supreme Court that are challenging the constitutional validity of the Centre in their decision to revoke the special status of J&K.

The petitioners of this plea argued that the delimitation exercise violated the Constitution and that boundaries should not be altered nor should extended areas be included. It also sought to declare the increase in the number of seats in Jammu and Kashmir from 107 to 114 (including 24 seats in Pakistan-occupied Kashmir) as unconstitutional.

The last delimitation commission was established in 2002, and the petitioners argued that the guidelines stated that the total number of seats in the legislative assemblies should remain unchanged until the first census after 2026.

The plea also sought to declare the March 6, 2020, notification forming the delimitation commission as unconstitutional and challenged the omission of Assam, Arunachal Pradesh, Manipur, and Nagaland from the delimitation process, claiming it violated the equality principle outlined in Article 14 of the Constitution.

The Supreme Court had reserved its verdict on a petition challenging the formation of a delimitation commission on December 1, 2022. During the hearing, the Centre had argued that the commission, which was established to redraw the boundaries of legislative assembly and Lok Sabha constituencies in Jammu and Kashmir, had the power to do so.

Mehbooba Mufti, the former Chief Minister of Jammu and Kashmir and President of the People's Democratic Party (PDP), on Monday criticized the Supreme Court's decision. Mufti called the verdict "immaterial" and expressed her frustration with court's dismissal of this matter while other pleas were still waiting for consideration.

In a statement to reporters in Bijbehara, Mufti said, "We have rejected the delimitation commission from the outset. It does not matter to us what the verdict is." She went on to question the court's decision to give a verdict on this matter when challenges to the Reorganization Act and the abrogation of Article 370 are still pending.

Mufti also accused the delimitation process of being a tactic to rig the elections, converting the majority into a minority in favor of the Bharatiya Janata Party (BJP). She stated that her party had not participated in any discussions regarding the delimitation commission.

Her thoughts were echoed by CPI(M) leader MY Tarigami who said the Supreme Court's dismissal of the plea has added to the long list of disappointments for the people of the Union Territory.

He also went on to say that carrying out the delimitation process under the Jammu and Kashmir Reorganization Act is unacceptable, calling it "just delimitation in name." Tarigami stated that this process has virtually disrupted the unity of the people of Jammu and Kashmir.

National Conference spokesperson Imran Nabi Dar told PTI that the party was not "heartbroken" over the apex court's decision. “We are sure, whenever the Supreme Court hears our petition on abrogation of Article 370, we have enough ammunition in our arsenal that will tilt the case in our favour because we are not asking for anything outside the Constitution of India,” Dar said.

He added that his party's stand on Article 370 was “part and parcel of the Constitution of India” and that the apex court's judges had put a rider while dismissing the petition.

“So, there is nothing we are seeking that is not within the purview of the Constitution,” Dar said. “They have referred to that petition, they might club the whole thing with that petition which is actually challenging the parent act."

Muzaffar Shah, the vice president of the Awami National Conference, also said that he was not surprised by the court's decision. He, however, hopes that the Article 370 and 35-A petitions will be different.

“I can only say, unfortunately, this delimitation matter was not agitated by major political parties here,” Shah said.