SC rejects plea on delimitation exercise in AP and Telangana
Supreme Court
on Friday dismissed a petition challenging the notification issued for delimitation of constituencies in
Jammu and Kashmir
without including
Andhra Pradesh
and
Telangana
. The apex court observed that the rule of parity does not apply equally to states and union territories, and the doctrine of legitimate expectation cannot be invoked as an enforceable right when there is an express constitutional limitation.
The SC further noted that the delimitation of constituencies in AP and Telangana can only be taken up based on the data from the first census conducted after 2026.
Prof K Purushottam Reddy moved the Supreme Court, contending the non-inclusion of AP and Telangana in the notification issued for the delimitation of assembly and parliament constituencies in Jammu and Kashmir. He contended that, according to section 26 of AP Reorganisation Act, assembly constituencies in the two Telugu states should be increased from 175 and 119 to 225 and 153, respectively.
Arguing on behalf of the petitioner, Rao Ranjit told the apex court that the exclusion of AP and Telangana from the scope of the delimitation exercise, as contemplated in the notification, suffers from the vice of intelligible differentia. The delimitation commission appointed pursuant to the issuance of the notification was the first after the bifurcation of Andhra Pradesh, and the electorate in both AP and Telangana have a legitimate expectation about a similar exercise, which is the constitutional responsibility of the Union govt as per AP Reorganisation Act, he said.
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The power under the Delimitation Act must be exercised uniformly by the Union govt, and there could be no plausible justification for omitting the two Telugu states from the delimitation exercise, he argued.
Solicitor general Tushar Mehta and additional solicitor general KM Natraj, arguing on behalf of the Union govt, submitted that the petition is devoid of merits as there was an express bar on the delimitation of constituencies in the states governed by Article 170.
They argued that the Jammu and Kashmir comes under Article 239A of the Constitution, not Article 170. As states and union territories are governed by different constitutional schemes of arrangements, there can be no claim of parity, they argued.
Considering the arguments, the Supreme Court bench comprising of Justices Surya Kant and N Kotiswar Singh upheld the arguments of the Union govt. Noting that states and union territories are governed by different constitutional principles and there is an express bar on the delimitation of constituencies in states, the bench observed that if the petition is entertained, it will open flood gates with similar demands from other states.
The bench also held that the doctrine of legitimate expectation and parity cannot be invoked in view of express constitutional provisions and dismissed the petition.
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