DELIMITATION COMMISSION MEET | Political parties demand statehood restoration, fair delimitation exercise; PDP stays away

Delimitation will be credible only after restoring statehood: National Conference
Political parties demand statehood restoration, fair delimitation exercise; PDP stays away
Members of Delimitation commission arrive in Srinagar on Tuesday 6 July 2021.Habib Naqash for Greater Kashmir

Srinagar: National Conference (NC) delegation led by senior party leader Abdul Rahim Rather Tuesday met the Delimitation Commission chairperson and its members at Srinagar.

A statement of NC issued here said that the delegation comprising senior party leaders including Muhammad Shafi (Uri), Main Altaf, NasirAslamWani and SakinaItoo held detailed discussions and later submitted the memorandum on behalf of the party.

The NC memorandum to Justice (Retd.)RanjanaPrakash Desai, the Chairperson of the Delimitation Commission for J&K read, “NC as the oldest political organisation of the state has always represented the urges and aspirations of its people. Democratic values are very dear to us, and we strongly feel that issues can only be resolved through dialogue and discussion. Being a torchbearer of democratic principles, NC has always stood by the principles of inclusiveness and natural justice. As such we have always resorted to constitutional means to solve problems confronting J&K. So far as the present delimitation exercise is concerned, the party has already communicated its stand to the commission in unequivocal terms.”

The NC memorandum read: “In our view, the J&K Reorganisation Act, 2019 is palpably unconstitutional and was enacted in disregard and violation of mandate and the spirit of constitution of India and therefore not to be acted upon. We have thrown challenge to constitutional validity of the Jammu and Kashmir Reorganisation Act, 2019.

“That the Supreme Court has been pleased to refer the petitions to the constitutional bench (five judge) of the court for consideration and to examine the constitutional validity of the act and CO 272 and CO 273 that though the constitution bench commenced hearing quite expeditiously yet because of pandemic Covid-19, the hearing got delayed and all the petitions are expected to be taken up once the physical hearing commences.

“We are of the humble opinion that as the constitutional validity of the J&K Reorganisation Act 2019 and the constitutional orders CO 272 and CO 273 are under judicial scrutiny before the Supreme Court, the principle of constitutional propriety demands that J&K Reorganisation Act 2019 should await decision of the Supreme Court. We are of the view that under the principle of constitutional propriety fundamental to constitutional democracy, the two pillars of the state – executive and legislature, must out of respect to the third pillar - the judiciary, avoid to implement and exercise powers under an act vires whereof are under scrutiny of the court, as implementation of such an act may amount to preempting the judicial verdict.”

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