New Delhi. The Supreme Court on Friday dismissed the petition seeking delimitation in Andhra Pradesh and Telangana (Andhra Pradesh) and Telangana. The apex court clarified that delimitation is not allowed until the census after 2026 under Article 170 (3) of the Constitution.
Justice Suryakant and Justice N. A bench of Koteshwar Singh said that Section 26 of the Andhra Pradesh Reorganization Act is subject to the Constitutional Provision (Article 170) related to delimitation. According to which delimitation can be done only after the 2026 census. The court admitted that Article 170 (3) is a constitutional obstacle in considering the plea of delimitation. Accepting such a petition will open the doors of litigation for other states.
The court rejected the argument of discrimination in the context of Jammu and Kashmir Union Territory, saying that provisions related to delimitation in states are different from union territories. The court admitted that it is neither arbitrary nor discriminatory to keep Andhra Pradesh and Telangana out of the delimitation notification issued for Jammu and Kashmir.
Justice Suryakant said, there are constitutional distinctions between union territories and states in the Constitution. Jammu and Kashmir has been reorganized as a union territory. He is not ruled by the provisions of Chapter 3 of Part 7 of the Constitution. Union territories are ruled by laws made by Parliament. There is no power in this argument that it is discriminatory or arbitrary to keep Andhra Pradesh and Telangana out.
This demand was made in many petition
Please tell that Professor K. In the writ petition filed by Purushottam Reddy, the central government was demanded to implement Section 26 of the Reorganization Act in Andhra Pradesh. It was argued in the petition that only the newly formed Union Territory of Jammu and Kashmir assembly and Lok Sabha seats, keeping Andhra Pradesh and Telangana out of it creates an improper classification. Therefore, it is unconstitutional.
