SC junks plea seeking delimitation to increase assembly seats in AP, Telangana

The apex court clarified that delimitation is not allowed till the census after 2026 under Article 170(3) of the Constitution.

New Delhi: The Supreme Court on Friday dismissed a petition seeking delimitation of assembly seats in Andhra Pradesh and Telangana. The apex court clarified that delimitation is not allowed till the census after 2026 under Article 170(3) of the Constitution.

A bench of Justices Surya Kant and N. Koteshwar Singh said that Section 26 of the Andhra Pradesh Reorganization Act is subject to the constitutional provision (Article 170) relating to delimitation. According to which delimitation can be done only after the 2026 census. The court held that Article 170(3) is a constitutional barrier in considering the petition for delimitation. Accepting such a petition will open the doors to litigation for other states.

Supreme Court dismisses plea seeking delimitation in Andhra Pradesh and Telangana to increase the number of Assembly seats.

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The court rejected the argument of discrimination in the context of the Union Territory of Jammu and Kashmir, saying that the provisions relating to delimitation in states are different than those of Union Territories. The court held that keeping Andhra Pradesh and Telangana out of the delimitation notification issued for Jammu and Kashmir is neither arbitrary nor discriminatory.

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. It is not governed by the provisions of Chapter 3 of Part 7 of the Constitution. Union Territories are governed by laws made by Parliament. There is no substance in the argument that keeping Andhra Pradesh and Telangana out is discriminatory or arbitrary.

This demand was made in the petition

Let us tell you that in the writ petition filed by Professor K. Purushottam Reddy, the Central Government was asked to be directed to implement Section 26 of the Reorganization Act in Andhra Pradesh. It was argued in the petition that delimiting the Assembly and Lok Sabha seats of the newly formed Union Territory of Jammu and Kashmir only, keeping Andhra Pradesh and Telangana out of it creates an unfair classification, hence, it is unconstitutional.