The National Conference and the Congress Tuesday met the visiting Delimitation Commission and urged it to hold out the train of redrawing the electoral constituencies in Jammu and Kashmir in a free, honest and clear method in order that the unity and integrity of the union territory is safeguarded.
The two events submitted separate memoranda to the Commission headed by Justice (retd) Ranjana Prakash Desai outlining their issues and calls for associated to the train, and saying it’s carried out solely after J&Ok is granted statehood once more.
The CPI (M) additionally submitted a memorandum which highlighted the constitutional points of delimitation and the authorized problem to the Jammu and Kashmir Reorganisation Act 2019.
The National Conference mentioned the delimitation train shouldn’t have been carried out until the Supreme Court selected the pleas difficult the constitutional validity of the Jammu and Kashmir Reorganization Act 2019 and different associated orders.
It mentioned the listening to within the circumstances bought delayed as a result of pandemic and all of the petitions are anticipated to be taken up as soon as the bodily listening to commences.
The celebration mentioned in its memorandum that the implementation of any Act which is below the scrutiny of the court docket might quantity to preempting the judicial verdict.
The celebration mentioned that below the constitutional scheme, the delimitation of meeting constituencies fell throughout the powers of the state of J&Ok and below the second proviso to sec 47 of the Constitution of J&Ok, it’s to be undertaken as soon as the figures of the primary census after 2026 are printed.
The celebration mentioned the delimitation train can be a reputable effort in strengthening democracy solely after full statehood is restored to J&Ok.
“Despite our basic reservations on the issue, the commission has decided to go ahead with the delimitation process. While reiterating our stand and without prejudice to the submissions made above, we request you and other members of the Commission to carry out the delimitation exercise in a free, fair and transparent manner so that the unity and integrity of the state is safeguarded. Population has to be the only norm as has been the practice here in the past in J&K and elsewhere in the country,” it mentioned.
Talking to reporters after assembly the fee, NC chief Nasir Wani mentioned the celebration impressed upon the panel that individuals have “lost faith” in establishments and it was for the fee to attempt to restore this confidence.
“If they are undertaking the exercise now, will it be repeated when delimitation has to be done across the country after 2026?” he requested.
Congress delegation in its memorandum mentioned the delimitation course of will likely be rendered “nugatory” if held earlier than the restoration of statehood to Jammu and Kashmir.
“May we at the INC point out that until the restoration of Statehood for J&K, as demanded in the CWC Resolution of 6th August 2019, is completed; the delimitation process commencement will be rendered nugatory,” the memorandum reads.
The celebration mentioned it advised the Commission that the initiation of political and democratic dialogue in Jammu & Kashmir should start with restoration of civil liberties of political events and folks.
The “unlawful detention” of political leaders and their incarceration for lengthy interval with none costs is itself an anathema to the founding rules of democracy below our Constitution, it added.
“The aspiration of people of Ladakh to determine their democratic foundations within the four corners of the Indian constitution must be severely respected,” the Congress mentioned.
The celebration additionally instructed that the draft proposal ready by the delimitation Commission be circulated amongst all of the political events for giving options and submitting objections, if any.
“The Congress is duty bound to represent the viewpoints, apprehensions and doubts of the masses in general about certain factors and preconceived notions that may be detrimental to the democratic rights.
“People of Jammu and Kashmir have grave apprehensions of preconceived political prejudice governing the Commission”s closing suggestions with a view to offer unfair and undue benefit to a selected political celebration and to the exclusion of democratic rights of the folks for a simply and amicable delimitation course of and notably to place the mainstream political events in a disadvantageous place on account of innate unfairness,” it added.
The CPI(M) said under the present circumstances, the 2011 census should be taken as the guiding frame for the delimitation exercise.
“The uncared for sections of the inhabitants dwelling in distant areas of the J&Ok additionally have to be given due illustration,” the memorandum submitted by Ghulam Nabi Malik learn.
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