Srinagar: National Conference (NC) Members of Parliament (MPs) Dr Farooq Abdullah, Muhammad Akbar Lone and Hasnain Masoodi on Wednesday expressed their inability to associate with the Delimitation Commission, urging it not to go ahead with the process as the J&K reorganisation act 2019 is under judicial scrutiny in the Supreme Court (SC).
The MPs asserted this in a letter to Chairperson Delimitation Commission Justice (Retd) Ranjana Prakash Desai, an NC spokesperson said on Wednesday.
He said that the Members of Parliament noted that the Delimitation Commission has been constituted by virtue of Notification SO 1015 (E) dated March 6, 2020 in exercise of powers under Section 3 of the Delimitation Act, 2002 and the Commission in terms of Para 3 (i) is required to delimit the constituencies of the Union Territory of Jammu and Kashmir in accordance with the provisions of Part V of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) and the provision of the Delimitation Act, 2002 (33 of 2002).
The MPs noted that they are of the opinion that as vires or Constitutional validity of the Jammu and Kashmir Reorganisation Act, 2019 and the Constitutional Orders (C.O. 272 and C.O. 273) were under Judicial Scrutiny before the Supreme Court, the principle of Constitutional Propriety demanded that the Jammu and Kashmir Reorganization Act, 2019 should await Hon’ble Supreme Court.
”We are of the view that under the principle of Constitutional Propriety fundamental to Constitutional democracy, the two pillars of the State — Executive and Legislature, must out of respect to the third pillar i.e., the Judiciary, avoid to implement and exercise powers under an Act vires whereof are under scrutiny of the Court, as implementation of such an Act might amount to pre-empting the judicial verdict,” they said.
”That under the Constitutional scheme Delimitation of Assembly Constituencies fell within powers of the State of Jammu and Kashmir and under second Proviso to Section 47 Constitution of Jammu and Kashmir the Delimitation of Constituencies is to be undertaken once the figures of the first census after the year 2026 are published. The Jammu and Kashmir Representation of People’s Act, 1957 Part II dealt with the constitution of Delimitation Commission and the procedure to be followed by the Commission,” they said.
”We would also respectfully and with all humility at our command, request Chairperson, a renowned legal luminary of the Country not to go ahead with the proceedings as it may amount to exercise of powers under an Act constitutional validity whereof is being examined by the Constitutional Bench of the Supreme Court and is therefore at present constitutionally suspect law,” they said.