• About Us
  • Contact Us
  • Our Team
  • Advertising
  • Privacy Policy
  • Terms of Service
Friday, July 24, 2026
Lake City Times
No Result
View All Result
  • Top News
  • Region
  • City News
  • Politics
  • Business
  • Health
  • Edit-Oped
  • Tourism
  • National
  • World
  • ePaper
  • Top News
  • Region
  • City News
  • Politics
  • Business
  • Health
  • Edit-Oped
  • Tourism
  • National
  • World
  • ePaper
No Result
View All Result
Lake City News
No Result
View All Result
Home Top News

Delimitation Commission’s orders cannot be questioned in any court

Draft proposals to be put in public domain for seeking suggestions, objections

LCT Desk by LCT Desk
December 23, 2021
in Top News
Reading Time: 2min read
A A
Share on FacebookShare on TwitterWhatsappTelegram

Nasir Azam

Srinagar, Dec 22: The orders of the delimitation commission constituted by the Government of India to redraw J&K’s electoral map cannot be challenged in any court.
A cursory look at the constitutional provisions and statutes governing the delimitation process reveals that the commission’s orders cannot be questioned in any court.
“The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 327 or Article 328, shall not be called in question in any court,” reads Article 329(a) of the Constitution of India.
The Delimitation Act-2002-the law under which delimitation exercise is being carried out in J&K- clearly states that the process cannot be questioned in any court and the commission’s orders have the force of law.
“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 the Act, which was made applicable to J&K through the Reorganization Act.
Similar provisions also existed in the law and the J&K constitution under which the 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.
In 1977, the Jammu and Kashmir High Court ruled that it cannot even investigate whether the notification published by the Delimitation Commission 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.
It is pertinent to mention that the Peoples Alliance for Gupkar Alliance on Tuesday claimed that they will challenge the delimitation commission’s orders in the Supreme Court if they are not changed.
According to the law, the Commission shall publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Gazette of India and in the Official Gazette of Jammu and Kashmir before finalizing the proposals.
As per the law, the panel has to consider all objections/ suggestions which may have been received by it before the date so specified and hold one or more public sittings for their consideration.

READ ALSO

Jhelum crosses flood declaration mark at Ram Munshi Bagh

Flood threat pushes south Kashmir to edge

Related Posts

Top News

Jhelum crosses flood declaration mark at Ram Munshi Bagh

July 24, 2026
Jhelum crosses flood declaration mark at Ram Munshi Bagh

Srinagar, Jul 23: The water level of River Jhelum at the Ram Munshi Bagh and gauge station in Srinagar crossed...

Read more
by LCT Desk
0 Comments
Top News

Flood threat pushes south Kashmir to edge

July 24, 2026
Flood threat pushes south Kashmir to edge

Anantnag, Jul 23: Continuous rainfall over the past several days has pushed major rivers and streams across South Kashmir close...

Read more
by LCT Desk
0 Comments
Top News

Step up intelligence-led anti-terror operations: Lt Governor to security top brass

July 24, 2026
Step up intelligence-led anti-terror operations: Lt Governor to security top brass

Srinagar, Jul 23: Lieutenant Governor Manoj Sinha on Thursday directed officials to step up anti-terror operations and ensure safety of...

Read more
by LCT Desk
0 Comments
Top News

Road accident fatalities rise in J&K in 2025: GoI

July 24, 2026
How to minimize road accidents in Valley?

New Delhi, Jul 23: Road accident fatalities in Jammu and Kashmir increased in 2025 despite a decline in the total...

Read more
by LCT Desk
0 Comments
Top News

Cloudburst wreaks havoc in Boniyar, NH-44 remains closed

July 24, 2026
Cloudburst wreaks havoc in Boniyar, NH-44 remains closed

Srinagar, Jul 23: Heavy rainfall continued to lash several parts of Jammu and Kashmir for the fifth consecutive day on...

Read more
by LCT Desk
0 Comments
Business

Govt will back J&K startups, ready to invest in innovative ideas: CM

July 24, 2026
Govt will back J&K startups, ready to invest in innovative ideas: CM

Srinagar, Jul 23: Chief Minister Omar Abdullah Thursday reaffirmed the Government’s unwavering commitment to strengthening Jammu and Kashmir’s startup ecosystem,...

Read more
by LCT Desk
0 Comments
Next Post
Police officer, civilian shot dead in twin attacks

Police officer, civilian shot dead in twin attacks

  • About Us
  • Contact Us
  • Our Team
  • Advertising
  • Privacy Policy
  • Terms of Service

© 2021 Lake City Times - Premium theme by GITS.

No Result
View All Result
  • Top News
  • Region
  • City News
  • Politics
  • Business
  • Health
  • Edit-Oped
  • Tourism
  • National
  • World
  • ePaper

© 2021 Lake City Times - Premium theme by GITS.