SRINAGAR – The Centre on Friday appointed former Supreme Court judge, Justice (Retd) Ranjana Prakash Desai as head of Delimitation Commission for the Union Territory of Jammu and Kashmir.
The Delimitation Commission has been constituted for the purpose of delimitation of Assembly and Parliamentary constituencies in the Union territory of Jammu and Kashmir and the States of Assam, Arunachal Pradesh, Manipur and Nagaland.
According to the order issued by Union Ministry of Law and Justice, Justice (Retd), Ranjana Prakash Desai will be chairperson of the panel.
Sushil Chandra, election commissioner, and respective election commissioner of J&K UT and states would be members of the panel.
The Jammu and Kashmir government would need to appoint election commissioner as per the provisions of the Constitution of India.
Four MPs from J&K- three from NC and one from BJP- are likely to be appointed as associate members of the delimitation commission. They would neither have voting rights nor can they sign decisions of ECI.
The order states that appointment of Justice Desai shall be for a period of one year from the date of the publication of this notification in the official gazette or till further orders, whichever is earlier.
Justice Desai served as a Judge of Supreme Court of India from 13 September 2011 to 29 October 2014.
The commission will undertake delimitation in the Union territory of Jammu and Kashmir in accordance with the provisions of of the Jammu and Kashmir Re-organisation Act and the provisions of the Delimitation Act, 2002, the order states.
What does the Delimitation Commission mean?
The Delimitation commission, also known as the Boundary commission of India is established by the Government of India under the provisions of the Delimitation Commission Act. The primary duty of the commission is to restructure the boundaries of the Assembly and Parliamentary constituencies in accordance with the recent census.
However, this exercise doesn’t tinker with the representation from each state but the number of SC and ST seats in a state is changed as per the census. The current delimitation of constituencies was done under the provisions of the Delimitation Act, 2002 in accordance with the 2001 census.
The all-powerful Delimitation Commission is an independent body and its orders can’t be challenged in any court of law. The orders of the commission are put before the Lok Sabha and respective State Legislative Assemblies but modifications are now allowed.
Full text of government notification on Delimitation Commission
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
NOTIFICATION
New Delhi, 6th March 2020
S.O. 1015(E) — In exercise of the powers conferred by section 3 of the Delimitation Act, 2002 (33 of 2002), the Central Government hereby constitutes the Delimitation Commission for the purpose of delimitation of Assembly and Parliamentary constituencies in the Union territory of Jammu and Kashmir and the States of Assam, Arunachal Pradesh, Manipur and Nagaland, consisting of the following members, namely:—
(i) Justice (Retd.) Ranjana Prakash Desai – Chairperson
(ii) Shri Sushil Chandra, Election Commissioner – Member, (ex officio)
(iii) The State Election Commissioner of the concerned State or Union Territory appointed under clause (1) of article 243K or under clause (1) of article 243L of the
Constitution, as the case may be. – Member, (ex officio)
2. The appointment of Justice (Retd.) Ranjana Prakash Desai shall be for a period of one year from the date of the publication of this notification in the Official Gazette or till further orders, whichever is earlier.
3. The said Delimitation Commission shall delimit the constituencies,–– (i) 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 provisions of the Delimitation Act, 2002 (33 of 2002); (ii) of the States of Assam, Arunachal Pradesh, Manipur and Nagaland in accordance with the provisions of the Delimitation Act, 2002 (33 of 2002).
[F. No. H-11019/3/2019-Leg.II]
Dr. G. NARAYANA RAJU, Secy
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