INSUBCONTINENT EXCLUSIVE:
NEW DELHI: The Supreme Court on Monday held that there was no illegality in Centres choice for visit of the Delimitation Commission of Union
Territory of Jammu - & Kashmir and also the exercise of delimitation for the parliamentary and assembly constituencies on the basis of the
2011 census figures is valid.A bench of Justices Sanjay Kishan Kaul and Abhay S Oka dismissed the petition tough delimitation workout on
numerous grounds however made it clear that it did not touch upon the validity of Centres decision to abrogate provisions of Article 370 on
August 5, 2019 relating to special status granted to Jammu - & Kashmir which is pending in apex court
There is definitely no merit in any of the contentions raised by the petitioners
We might, nevertheless, clarify that the findings rendered in the judgment are on the footing that the workout of power made in the year
2019 under clauses (1) and (3) of Article 370 of the Constitution stands
We are aware that the problem of the validity of the workout of the stated powers is the topic of petitions pending prior to this Court
Therefore, we have actually not handled the issue of credibility
Absolutely nothing stated in this judgment will be interpreted as giving our imprimatur to the workout of powers under clauses (1) and (3)
of Article 370 of the Constitution, the bench said.The court stated there is no illegality connected with the facility of the Delimitation
Commission under the impugned Order dated March 6, 2020 and likewise held there is absolutely nothing wrong if the Central Government
extended the duration of visit of the Chairperson till the task of delimitation/readjustment was completed
The court accepted the stand of Centre which sent that it was likewise empowered to perform the exercise according to Jammu - & Kashmir
Reorganisation Act, 2019 and not only the Election Commission as alleged by the petitioner
Sections 61 and 62 of the 2019 Act do not prevent the facility of Delimitation Commission by the Central Government., the Centre had told
the court.The Delimitation Act, 2002 is silent about the regard to the appointment of the chairperson.
