In a significant ruling, the Supreme Court of India has dismissed a petition that sought directions for the Union Government to initiate the delimitation process for increasing the number of Assembly seats in the States of Andhra Pradesh and Telangana.
The verdict was delivered by a bench comprising Justices Surya Kant and N Kotiswar Singh.
The writ petition was filed by Professor (Dr.) K. Purushottam Reddy, urging the Centre to implement Section 26 of the Andhra Pradesh Reorganization Act, 2014. The petitioner argued that the selective delimitation carried out for the newly formed Union Territory of Jammu and Kashmir, while excluding Andhra Pradesh and Telangana, amounted to unreasonable classification and was therefore unconstitutional.
However, the Supreme Court held that the delimitation process in the States is governed by Article 170 of the Constitution, which restricts delimitation until after the first census conducted post-2026.
"Article 170(3) imposes a constitutional bar on the delimitation exercise before the post-2026 census," the Court noted.
The bench made it clear that allowing such a petition would create a "floodgate of similar litigations" from other States, seeking early delimitation before the constitutional timeline.
Addressing the argument of alleged discrimination against Andhra Pradesh and Telangana, the Court clarified that the legal framework for delimitation in Union Territories (UTs) and States is fundamentally different.
"Constitutional distinctions exist between UTs and States. J&K, having been reconstituted as a Union Territory, is not governed by Chapter 3 of Part 7 of the Constitution. UTs are regulated by parliamentary legislation," Justice Surya Kant stated.
Thus, the Court found no merit in the claim that excluding Andhra Pradesh and Telangana from the delimitation notification for J&K was arbitrary or discriminatory.
"There is no merit in the contention that exclusion of AP and Telangana is discriminatory or arbitrary," the judgment emphasized.
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The ruling underscores that delimitation in States cannot override constitutional provisions, particularly when Article 170(3) sets a clear limitation.
Case Title: K. Purushottam Reddy v. Union of India and Others
W.P.(C) No. 488/2022