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Beyond limits

Beyond limits: On the Supreme Court order upholding J&K Delimitation Commission

The real issues in J&K are statehood and special status, more than delimitation

The gulf between legality and political legitimacy can be quite substantial . The Supreme Court verdict upholding the constitution of a Delimitation Commission for Jammu and Kashmir and the subsequent delimitation exercise is indeed in-line-with the law, especially the constitutional provisions that empower Parliament to form new States, alter existing ones, and change their status and boundaries, as well as the Jammu and Kashmir Reorganisation Act, 2019. However, it will be wrong to see it as granting judicial imprimatur to the political import of the redrawing of constituencies in the Union Territory. Most political parties in J&K, which was downgraded to Union Territory status in August 2019, have opposed the Commission’s report that added six seats in Jammu division and one in Kashmir division to take the total number of seats to 90. The parties see in the exercise an attempt to weaken the Muslim majority region’s political and electoral significance and boost the prospects of parties with a base in Jammu. They consider this as an extension of the project to strip J&K of its status and privileges and repurpose its politics to the advantage of the ruling party. This question of legitimacy can be answered by the outcome of an election, if and when one is held, to the territorial legislature. However, the readjustment of boundaries may by itself cast-a-shadow on that process too.

The petition that challenged the formation of the Delimitation Commission was a belated one, as it was filed after the panel published its draft order. The Court brushed aside its key contention that the delimitation has been frozen throughout the country until after the first Census held after 2026, noting that Article 170, which deals-with this, applies only to States, and not Union Territories. It has also noted that J&K will be governed by its own reorganisation law, which allows the 2011 Census to be the basis for its delimitation, unlike the rest of the country, where the 2001 census was the basis for the last redrawing of constituency boundaries. It also rejected arguments rooted in the idea that some provisions of the Reorganisation Act were not consistent with the Constitution, noting that these provisions had not been specifically challenged. While the Court may be right in upholding the formation of the delimitation panel, the extensions given to it, and its decision based on laws currently assumed to be valid , the impression is inescapable that the people of J&K are being presented with a fait accompli on matters concerning their political destiny , as long as the core question — the validity of the withdrawal of its statehood and special status in 2019 — remains undecided.

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In line with (phrase) – In alignment or accordance with. के अनुसार

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Petition
(noun) –appeal, request, application, याचिका

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Withdrawal
(noun) – removal, taking away, taking out, pulling out

वापसी

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Alter
(verb) – change, amend, improve, modify, convert

बदलना

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Constituency
(noun) – An area whose voters elect a representative to a legislative body.

चुनाव क्षेत्र

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Outcome
(noun) – result, end result, consequence, conclusion

परिणाम

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Substantial
(adjective) – sizeable, considerable, significant  महत्वपूर्ण

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Indeed
(adverb) – actually, certainly, really, in fact, truly

वास्तव में

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Govern
(verb) – Rule, oversee, administer, administrate, direct, manage, control

नियंत्रित करना

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Subsequent
(adjective) – following, future, succeeding, after, ensuing

बाद में

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Privilege
(noun) – the special right

विशेषाधिकार

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Frozen
(adjective) – incapable of being changed or moved or undone

स्थिर

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Contention (noun) – Assertion, argument, opinion, belief, claim

 तर्क
Contention (noun) – disagreement, dispute, disputation, argument, variance

विवाद, तर्क

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Unlike
(preposition) –   in contrast to; different from

के विपरीत; से भिन्‍न

 

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Ruling
(adjective) – governing, in charge, leading, dominant, controlling,

सत्तारूढ़

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Belated
(adjective) – late, delayed, postponed, deferred, tardy

देर से

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Prospect
(noun) – The possibility of future success

संभावना

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Verdict
(noun) – Decision, adjudication, decree

फ़ैसला

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Brush
aside (phrasal verb) – disregard, ignore, dismiss, pass over, put aside

नज़रअंदाज़/ खारिज  करना

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Grant
(verb) – bestow on, confer on, give; allow, accord, permit

देना

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Existing
(adjective) – current

मौजूदा

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Concerning
(preposition) – about, regarding, on the subject of, relating to,

से संबंधित

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Legitimacy
(noun) – validity, justification, soundness, well-foundedness

वैधता

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Uphold
(verb) – endorse, support, sustain, validate, ratify

कायम रखना/उचित ठहराना

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Delimitation
(noun) – a dividing line or boundary; the action of fixing the boundary or limits of something.

सीमा-निर्धारण

Delimitation Commission (noun) – a commission established by the Government of India under the provisions of the Delimitation Commission Act. The main task of the commission is redrawing the boundaries of the various assembly and Lok Sabha constituencies based on a recent census.

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Statehood
(noun) – the condition of being a political unit within a country

राज्य का दर्जा

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Gulf
(noun) – an important difference between the ideas, opinions, or situations of two groups of people

खाई, अंतर

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Legality
(noun) – permitted or recognized by law

कानूनी

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Empower
(verb) – authorize, enable, permit, entitle, allow

सशक्त करना /अधिकार देना

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Reorganisation
(noun) – the action or process of changing the way in which something is organized.

पुनर्गठन

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Imprimatur
(noun) – authoritative approval

न्यायिक इजाजत

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Import
(noun) – Significance, importance, consequence, seriousness

महत्त्व

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Redrawing
(noun) – an act or process of changing borders of country

पुनर्निर्धारण

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Downgrade
(verb) – to lower the status; demote, lower, degrade

दर्जा घटाना

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Strip something of
(phrasal verb) – to take status or possessions away from somebody

छीनना(दर्जा)

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Repurpose
(verb) –  To adapt or utilize (something) for a new purpose

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Readjustment
(no   un) – Change, modification, alteration, reformation

पुन: समायोजन /फेर-बदल

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Cast
a shadow (phrase) – to spoil a good situation with something unpleasant

असर डालना

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Throughout
(adverb) – all over, all round, in every part of

सर्वत्र (पूरे राज्य में)

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Deal
with (phrasal verb) – Cope with, handle, manage, attend to, see to

संभालना, निपटना

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Rooted
(adjective) – Entrenched, engrained, ingrained, fixed, imbedded

में निहित

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Consistent
(adjective) – reasonably or logically harmonious; agreeing, accordant

तर्कयुक्त/ के अनुरूप

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Assume (verb) – Presume, suppose, take for granted, conjecture, postulate 
मान लेना

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Valid
(adjective) – sound, legitimate, true, reasonable, authentic

उचित, वैध

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Inescapable
(adjective) – unavoidable, Inevitable, inexorable, undeniable

अपरिहार्य

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Fait
accompli (phrase) – something that has already happened in the past and cannot be changed now

जो पहले ही घटित हो चुका है तथा उसे बदला नहीं जा सकता

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Destiny
(noun) – future, fate, fortune, luck

भाग्य/ नियति