The Supreme Court on Friday dismissed a petition seeking a delimitation exercise to increase the number of assembly seats in Andhra Pradesh and Telangana.
The bench, comprising Justices Surya Kant and N. Kotiswar Singh, ruled that the exclusion of these 2 states from the recent delimitation notification for Jammu and Kashmir was neither arbitrary nor discriminatory.
Plea Challenges Exclusion
The petition was filed by K Purushottam Reddy, who argued that conducting delimitation only in Jammu and Kashmir, without including Andhra Pradesh and Telangana, amounted to unreasonable classification. Reddy urged the court to direct the Centre to implement Section 26 of the Andhra Pradesh Reorganisation Act, which provides for the delimitation of assembly constituencies in these states.
However, the court found this contention unpersuasive. The bench emphasized that the provisions governing delimitation in states differ from those applicable to Union Territories (UTs), and hence the comparison was misplaced.
Constitutional Grounds & Legal Framework
The Court underscored that Section 26 of the Andhra Pradesh Reorganisation Act, 2014, is subject to Article 170 of the Constitution. Article 170 mandates that delimitation exercises in states can be conducted only after the first census post-2026. This constitutional restriction means that delimitation in Andhra Pradesh and Telangana cannot take place before then.
Justice Surya Kant and Justice N. Kotiswar Singh observed that the recent delimitation in Jammu and Kashmir was an exception owing to its status as a Union Territory with a separate legal framework. Therefore, excluding Andhra Pradesh and Telangana was consistent with constitutional provisions and did not amount to discrimination.
Avoiding A Flood Of Litigation
The Supreme Court further cautioned that entertaining the plea for fresh delimitation in these states at this stage could trigger numerous similar petitions from other states. This could potentially overload the judiciary with litigation and create administrative confusion.
The bench’s decision, therefore, preserves the status quo until the constitutional timeline allows for delimitation in Andhra Pradesh and Telangana.
Conclusion
The court has reaffirmed that the delimitation of assembly constituencies in Andhra Pradesh and Telangana must wait until after the 2026 census.
Furthermore, it rejected the plea asserting discrimination and clarified that the legal and constitutional framework supports the current approach, where delimitation in Jammu and Kashmir is separate and does not impact other states.
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