The Supreme Court of India recently upheld the validity of the exercise carried out by the government to redraw the polling constituencies in the Union Territory of Jammu and Kashmir. The judgment, delivered by a bench of Justices DY Chandrachud and MR Shah, was given in response to a petition filed by several political parties, challenging the constitutional validity of the redrawing of constituencies.
Jammu and Kashmir was granted the status of a Union Territory after the abrogation of Article 370 in August 2019. This move was followed by the delimitation exercise carried out by the Delimitation Commission, which was tasked with redrawing the polling constituencies in the region. The exercise was carried out in accordance with the Delimitation Act, 2002 and was aimed at ensuring a more equitable distribution of constituencies based on the current population.
The petitioners argued that the delimitation exercise was violative of Article 370 and the provisions of the Constitution. They also claimed that the exercise was carried out in an arbitrary and unjust manner, leading to the manipulation of the political representation of the people of Jammu and Kashmir.
However, the Supreme Court rejected these claims and upheld the validity of the exercise. The court held that the Delimitation Commission was set up in accordance with the provisions of the Constitution and that it had followed the due process of law in carrying out the delimitation exercise. The court also noted that the Commission had taken into consideration various factors, including the population, geographical and administrative considerations, while redrawing the polling constituencies.
The judgment of the Supreme Court is a significant one, as it clarifies the position of the law with respect to the delimitation exercise in Jammu and Kashmir. It confirms that the exercise was carried out in a fair and impartial manner, and that the provisions of the Constitution were followed in all respects. The judgment is also a testament to the independence of the judiciary and its commitment to protecting the rights and freedoms of the people.
In conclusion, the Supreme Court’s affirmation of the validity of the exercise to redraw the polling constituencies in Jammu and Kashmir is a landmark judgment that will have far-reaching implications for the future of the region. It reinforces the principles of democracy and the rule of law and sends a clear message that the rights and freedoms of the people will be protected, no matter what the circumstances.