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Supreme Court of India 2023-02-13 dismissed

Haji Abdul Gani Khan & Anr vs Union of India & Ors

Bench: 2 — Sanjay Kishan Kaul, Abhay S. Oka

In Brief

This writ petition challenged the constitutional validity of the Delimitation Commission established on 6 March 2020 to redraw Assembly and Parliamentary Constituencies for the newly created Union Territory of Jammu and Kashmir. The petitioners argued this violated Article 170 (relating to State legislatures) and other constitutional provisions. The Supreme Court held that Article 170 applies only to States and not to Union Territories, which are governed by Article 239A. The Court upheld Parliament's power under Articles 3, 4, and 239A to create Union Territories and provide for their constituencies via the Delimitation Act, 2002 as amended. The Court rejected all contentions, finding no illegality in the Delimitation Commission's constitution or its delimitation exercise. The petition was dismissed.

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Constitutional Law Delimitation Union Territories Legislative Assembly Electoral Constituencies Article 370 Jammu and Kashmir Parliamentary Procedure

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