VidhiSangh

Supreme Court of India · 13/02/2023

HAJI ABDUL GANI KHAN & ANR. versus UNION OF INDIA & ORS.

[2023] 5 S.C.R. 503 · 2023 INSC 124

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Residents of the Union Territory of Jammu and Kashmir challenged under Article 32 the March 2020 constitution of a Delimitation Commission for the Union Territory, the exclusion of four north-eastern States from its remit and the increase of Assembly seats from 107 to 114 under the Jammu and Kashmir Reorganisation Act, 2019, invoking the freeze in Article 170(3). The Supreme Court dismissed the petition: the Reorganisation Act and the 2019 Article 370 orders were not challenged; Article 170 governs State legislatures, not a Union Territory legislature under Article 239A; Section 62 lawfully entrusted readjustment on the 2011 census to a Delimitation Commission, the 2008 deadline being directory; the final order was unchallenged; and the petition was belated.

Issues

  1. Whether Article 170(3) of the Constitution, which bars readjustment of State Legislative Assembly constituencies until the first census after 2026, applies to the Legislative Assembly of the Union Territory of Jammu and Kashmir created under Article 239A.
  2. Whether the Central Government could constitute a Delimitation Commission under the Delimitation Act, 2002 in March 2020 for the Union Territory, exclude four north-eastern States from its purview, extend its chairperson's term, and have it readjust constituencies on the 2011 census.

Provisions considered

Held

Result

Writ petition dismissed without costs; findings rendered on the footing that the exercise of power under clauses (1) and (3) of Article 370 in 2019 is valid, that issue being pending before the Court in other petitions, and nothing in the judgment to be construed as an imprimatur to that exercise.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 503.