Connect with us

JAMMU & KASHMIR

J&K Delimitation Commission’s orders cannot be questioned in any Court | KNO

‘Its orders have same effect as if they are law made by Parliament itself’

Published

on

kno news

Srinagar, June 01 (KNO): The orders of delimitation commission set-up by the Government of India for fixing boundaries of Assembly and Parliamentary segments in Jammu & Kashmir cannot be challenged in any court.

The law governing creation of the body makes it unambiguously clear that its every order shall have the force of the law and shall not be called in question in any court. “Upon publication in the Gazette of India, every such order shall have the force of law and shall not be called in question in any court,” reads sub-section (2) of section 10 of Delimitation Commission Act-2002, a copy of which is available with the news agency—Kashmir News Observer (KNO) Similar provisions also existed in the law and J&K constitution under which delimitation process was carried out in the erstwhile state of Jammu and Kashmir.

“The Delimitation Commission shall cause its order made under clause (d) of sub-section (3) of section 4 to be published in the Gazette, and upon such publication, the said order shall have the force of law and shall not be called in question in any court,” read Jammu and Kashmir Representation of Peoples Act-1957. The law is no more applicable to J&K from October 31 last year after the Parliament approved its scraping on August 5- the day when Article 370 was abrogated by BJP-led Central government. In 1977, the Jammu and Kashmir High Court ruled that it cannot even investigate whether the notification published by Delimitation Commission under Section 4(B) of Representation of Peoples Act is reasonable.

“We accordingly hold that the orders under section 4 and 4B of the Representation of Peoples Act which govern the adjustment of number of seats and delimitation of Assembly constituencies cannot be enquired into the Court in view of the bar contained in section 142 (a) of the Constitution of Jammu and Kashmir,” a two-judge bench headed by Justice A.S. Anand and Justice I.K. Kotwal ruled. As already reported, a three-member delimitation commission headed by former Supreme Court Judge, Justice Ranjana Desai has been set-up to undertake delimitation of Assembly and Parliamentary segments in J&K. National Conference has decided against participating in proceedings of the panel as associate members, reasoning that it would tantamount to accepting August 5 decision—(KNO)

Trending

TOP STORIES2 hours ago

Speaker disallows amendments on Article 370, Statehood | KNO

TOP STORIES2 hours ago

Qazigund fire mishap: Two firefighters injured in dousing operation | KNO

TOP STORIES2 hours ago

No assessment carried out to assess losses suffered by tourism industry in 2025: J&K Govt | KNO

TOP STORIES2 hours ago

NLU for Jammu, harassment of Kashmiris echo in Assembly | KNO

TOP STORIES2 hours ago

Blaze guts Govt Girls Higher Secondary School in Qazigund, cause being investigated: Official | KNO

TOP STORIES2 hours ago

EOW Kashmir registers case over fake PWD, EWS certificates at SKIMS | KNO

TOP STORIES2 hours ago

NC stages protest outside J&K Assembly, demands restoration of Statehood | KNO

TOP STORIES15 hours ago

LG’s address reflected NC Govt’s disappointing policies: LoP Sharma | KNO

TOP STORIES15 hours ago

Restore statehood, give J&K ‘special State-like package’: Dy CM to Centre | KNO

TOP STORIES15 hours ago

Nation's true identity emerges from thinking, conduct of its citizens: LG Sinha | KNO

TOP STORIES15 hours ago

NC–Congress meeting meant to counter opposition exposes rift between allies | KNO

TOP STORIES15 hours ago

J&K ‘Crown of India’, needs financial support to shine: Minister Sharma | KNO

TOP STORIES15 hours ago

Major relief for cancer patients as Budget cuts duty on 17 drugs | KNO

TOP STORIES15 hours ago

JKBOSE declares Class-11 results, 83% qualify exams | KNO

TOP STORIES15 hours ago

High-value Kashmir nut crops get Budget push | KNO

TOP STORIES15 hours ago

Night temperatures record marginal increase in Kashmir | KNO

TOP STORIES15 hours ago

Give tourism ‘central place’ in Union Budget to tackle unemployment: MLA Gulmarg | KNO

Copyright © 2021