July 2019 News

GOI Says Delimitation Within State Constitution

23 July 2019
Kashmir Observer


Srinagar: Until the area of Jammu and Kashmir under the control of Pakistan ceases to be so, 24 seats out of 111 seats in the Legislative Assembly shall remain vacant and shall not be taken into account for reckoning the total membership of the J&K's lower house, government of India said on Tuesday. Responding to series of questions by Bharatiya Janata Party Lok Sabha member Ajay Misra Teni, MoS Home g. Kishan Reddy said: 'As per section 47 of the Constitution of Jammu and Kashmir, the Legislative Assembly consists of 111 members chosen by direct election from territorial constituencies in the State.' However, he said, as per section 48 of the Constitution of Jammu and Kashmir, until the area of the State under the 'occupation of Pakistan ceases to be so occupied and the people residing in that area elect their representatives, 24 seats in the Legislative Assembly shall remain vacant and shall not be taken into account for reckoning the total membership of the Assembly.' Regarding the process for carrying out the delimitation of Assembly segments, he said it is provided within state's own Constitution, and not the Constitution of India. 'Article 170 of the Constitution of India that deals with Delimitation of the constituencies for State Legislative Assemblies has not been extended to Jammu and Kashmir,' he said, adding, 'Delimitation of Legislative Assembly Constituencies in the State of Jammu and Kashmir is carried out under sections 47 and 141 of the Constitution of Jammu and Kashmir.'

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