Exclusion of states from delimitation under impugned notifications is valid; Article 170 provides constitutional freeze until post-2026 census data is published, preventing enforceable right to delimitation.

JUDGMENT :

(SURYA KANT, J.)

1. These two Writ Petitions, instituted under Article 32 of the Constitution of India, assail the legality of Notification Nos. SO No. 1015(E) dated 06.03.2020 (2020 Notification) and SO 1023(E) dated 03.03.2021 (2021 Notification) (together referred to as the Impugned Notifications) issued by the Union of India through the Ministry of Law and Justice, Respondent No. 2, herein. It is the case of the Petitioner(s) that, by way of the Impugned Notifications, a delimitation exercise was conducted for the Union Territory of Jammu and Kashmir, resulting in an increase in the number of seats in the Legislative Assembly, albeit the States of Andhra Pradesh and Telangana were excluded in an arbitrary fashion. The Petitioner(s) consequently seek a direction to Respondent Nos. 1-2 and 5 to similarly increase the number of seats in the Legislative Assemblies of the States of Andhra Pradesh and Telangana in terms of the applicable statutory provisions.

A. FACTUAL MATRIX

2. Before adverting to the issues and contentions raised by the parties, we deem it appropriate to briefly narrate the factual background leading to these Writ Petitions.

2.1. The Andhra Pradesh Reorganisation Act, 2014 (AP Reorganisation Act) came into force with effect from 02.06.2014, leading to the bifurcation of the erstwhile State of Andhra Pradesh into two separate states, namely, Andhra Pradesh and Telangana. Section 26 (1) of the AP Reorganisation Act inter alia provided that “subject to the provisions contained in Article 170 of the Constitution and without prejudice of Section 15 of this Act, the number of seats in the Legislative Assembly of the successor States of Andhra Pradesh and Telangana shall be increased from 175 and 119 to 225 and 153, respectively, and delimitation of the constituencies may be determined by the Election Commission in the manner hereinafter provided.”

2.2. Thereafter, the Jammu and Kashmir Reorganisation Act , 2019 (J&K Reorganisation Act) came into force on 31.10.2019, bifurcating the then State of Jammu and Kashmir into two Union Territories: (i) Jammu and Kashmir; and (ii) Ladakh. Similar to the provision under the AP Reorganisation Act, Section 60 of the J&K Reorganisation Act also provided that “without prejudice to sub- sections (3) of section 14 of this Act, the number of seats in the Legislative Assembly of Union territory of Jammu and Kashmir shall be increased from 107 to 114, and delimitation of the constituencies may be determined by the Election Commission in the manner hereinafter provided.” For context, it may be added that while the J&K Reorganisation Act provided for the total number of seats in the Legislative Assembly of the Union Territory of Jammu and Kashmir to be 107, in terms of Section 14 (4) (a) and (b) of the Act, 24 out of these 107 seats are not to be taken into account for reckoning the total membership of the Assembly or delimitation exercise until the area of the Union Territory of Jammu and Kashmir under the occupation of Pakistan ceases to be so occupied.

2.3. Thereafter, on 06.03.2020, Respondent No. 2 issued a Notification under Section 3 of the DELIMITATION ACT , 2002 ( DELIMITA