Delimitation Commission’s orders cannot be challenged in any court

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The orders of the Delimitation Commission consti-tuted by the Narendra Modi-led fascist Indian gov-ernment to redraw the electoral map of Indian ille-gally occupied Jammu and Kashmir cannot be chal-lenged in any court.

The constitutional provisions and statutes gov-erning the delimitation process say that the commis-sion’s orders cannot be questioned in any court. “The validity of any law relating to the delimita-tion of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 327 or Article 328, shall not be called in question in any court,” reads Article 329(a) of the Constitution of India.

The Delimitation Act 2002 – the law under which delimitation exercise is being carried out in IIOJK – states that the process cannot be questioned in any court and the commission’s orders have the force of law.

“Upon publication in the Gazette of India, every such order shall have the force of law and shall not be called in question in any court,” reads sub-section (2) of section 10 of the Act, which was made applicable to IIOJK through the Reorganization Act. Similar provisions also existed in the law and the constitution of IIOJK under which the delimitation process was carried out in the territory.

It is to mention here that the Modi regime con-stituted the Delimitation Commission to redrawing the Assembly constituencies in IIOJK to give more seats to Hindu-dominated Jammu region. The main objective behind the exercise is to install a Hindu chief minister in IIOJK and change the demography of the territory. The Delimitation Commission has proposed 6 additional seats for Jammu and 1 for the Kashmir Valley.—KMS

 

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