Omar Abdullah
about 4 years ago

A note regarding the legal position as it applies to the freeze on delimitation as it applies to J&K. It’s important to note that this freeze was only brought to bring the state at par with the rest of the country. This is made clear by the note below. I hope some of the TV channels & experts appraise themselves of these facts.

1. _Article 82_ and _Article 170_ of the Constitution of India were amended by the *Constitution (Eighty-fourth Amendment) Act 2001* to freeze the de...limitation of Parliamentary and Assembly constituencies respectively, throughout India, until the _first census is taken after the year 2026_.

2. Thereafter, in order to synchronize the delimitation of Assembly constituencies in J&K with this amendment to the Constitution of India, the J&K State Legislature also amended _Section 47(3)_ of the Constitution of J&K through the *Constitution of J&K (Twenty-ninth Amendment) Act 2002* and provided that the delimitation of Assembly constituencies in J&K _shall also be frozen until the first census is taken after the year 2026_.

3. This exercise by the J&K State Legislature was aimed at synchronizing the delimitation of Assembly constituencies in J&K with the rest of the country.

4. Mr. Bhim Singh challenged this freeze on the ground that it is discriminatory against Jammu. _The Division Bench of J&K High Court rejected Mr. Singh’s challenge by a reasoned judgement_.

5. Thereafter, Mr. Singh appealed the Supreme Court. Finally, _a Division Bench of the Supreme Court of India also dismissed Mr. Singh’s challenge to this amendment to the J&K Constitution by a reason judgement_. The Supreme Court decision is titled *National Panthers Party v Union of India at (2011) 1 SCC 228*.

6. It appears that any _de novo_ delimitation of Assembly constituencies in J&K now _in 2019_ would be a deviation from the delimitation freeze applicable all over the country under the Constitution of India.

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