Thread by @lawbarandbench

#SupremeCourt to continue hearing plea filed by 2 Srinagar residents challenging the recent delimitation exercise in the Union Territory of Jammu & Kashmir.

Matter before bench of Justices Sanjay Kishan Kaul and AS Oka.

#Kashmir #delimitation #JammuAndKashmir #JammuKashmir

SG Tushar Mehta: Will the part-heard be now or?

SC: Now we have these 30 matters. In any case we want to finish it today since next week it might be 3-judge combination again.

#SupremeCourt

Hearing starts.

SG: He has not challenged statute's provisions of the statute, has not made constitutional challenge ... After '95 there was no delimitation. J&K UT was not contemplated to go by either 2001 or earlier census. Please see judgment.

SG argues that earlier also constitutionally fixed number of MLAs were through Reorganisation Acts increased.

#SupremeCourt

SG continues reading from judgment.

#SupremeCourt

SG: Idea was that last delimitation took place in '95, government's idea was to immediately give democracy to the newly-formed UT that will soon become a State as per the government. The reorganisation provided for Section 59 recognising that commission would be more apt

SG: please come to Section 3.

#SupremeCourt

SG: The intention is the first delimitation (of the new UT) by the commission and not the ECI that is busy in polls, that is is the legislative intent of the reorganisation Act. The ECI may do it later.

#SupremeCourt #ElectionCommissionOfIndia

SG: These are the temporary exigencies being taken care of, the peculiar circumstances under which entities are coming into being. Before 2019 Delimitation Act was not application to J&K.

Justice Oka: So after '95 seats needed to be increased?

SG: Yes, since ...

SG: successor UT has come, it shall be done by a commission.

#SupremeCourt

SG: There are no inconsistencies with the Constitutional scheme. Under the Act, a separate Commission was formed. The averment was that it had not invited objections. My reply does not contain my response to these, but I have attached the gazette notification.

SG: Suffice to say, in absence of any allegation, it is not part of my reply but the procedure was followed.

#SupremeCourt

SG: This contention the resident of J&K may not have the locus to raise, but they said can you exclude northeast. The Delimitation Act was made applicable to this area only in 2019, that is one.

#SupremeCourt #JammuKashmir

Bench discusses.

#SupremeCourt

SG reads from pleadings to argue that President may by order defer delimitation exercise based on summer grounds.

SG: Now kindly come to page 3 of my reply, on the exclusion of these 4 States. This is essentially a ground of discrimination under Article 14, I do not think ...

SG: States can be included like this citing 14.

Justice Oka: Their argument was different. It was if you are doing it for J&K, do it for them also.

SG: If we read proviso literally (in Delimitation freeze), there cannot be any exercise.

#SupremeCourt #JammuAndKashmir

SG: My argument is it is directory and not mandatory, since consequences are not given. There cannot be a situation where you have a 2011 census as a statutory mandate but ...

#SupremeCourtOfIndia #JammuAndKashmir

SG: 2008 freezing for rest of the India where there is no reorganisation issue.

SG reads judgments.

Counsel for ECI seeks to argue: We have filed detailed counter. We will not be speaking on the Commission since that is the Centre's prerogative. But regarding the seats, ample time was given ...

#SupremeCourt

ECI counsel takes Court through timeline of notification and other notices being published in this regard.

Counsel: Adequate time was given.

#SupremeCourt

Sr Adv Ravi Shankar Jandhyala for Petitioners: My lords may go through my written submissions.

#SupremeCourt

Jandhyala takes Court through decision of top court striking down the Maratha quota: Decisions of committee can be scrutinised.

#SupremeCourt

Jandhyala: In Lok Sabha when question was asked as to when seats will be increased in Andhra Pradesh as per Reorganisation Act, answer by Minister was that till 2026 it would not be changed.

#SupremeCourt

Jandhyala: 2026 freeze was upheld by this Court.

#SupremeCourt

Jandhyala: They have justified that 2026 freeze wasproper. Now Centre's contention reversed. Res judicata will operate. When delimitation commission became defunct in 2008, how is it constituted now. The notification was issued under the old Act. You cannot wash off your ...

Jandhyala: hands. Every proviso speaks of election commission of India. My friend is fair enough saying that Commission has draft proposals.

#SupremeCourt

Order: Arguments concluded judgments reserved.

#SupremeCourt #JammuAndKashmir #delimitation