File image of President Ram Nath Kovind

NEW DELHI: The President of India, in a notification issued on Thursday, ordered suspension of operation of Section 63 of the J&K Reorganisation Act 2019, which will pave the way for delimitation of assembly and parliamentary constituencies in the successor Union Territory of J&K.

The section states that notwithstanding the other provisions in the Act outlining the delimitation process to be undertaken in UT of J&K, readjusting division of the UT into assembly and parliamentary constituencies would not be necessary until after 2031 census. This is now suspended.

Section 63 of J&K Reorganisation Act, as reported first by TOI on October 1, 2019, was seen as contradicting the preceding provisions — Sections 59 to 61 — of the Act, dealing with delimitation of constituencies in UT of J&K to be undertaken after the appointed day (October 31, 2019). Pointing out the flaw in wording of Section 63 — which ruled out readjustment of Parliamentary/assembly constituencies in UT of J&K until figures for first census after 2026 were published — an Election Commission official had noted that the “the said section negates the purpose of Section 59 to 61”.

On Thursday, the officer said that by suspending the operation of Section 63, “the preceding sections 59 to 62 have been unshackled”. However, he added that the other anomaly in the J&K Reorganisation Act — between Section 60 that tasks Election Commission with delimitation work and Section 62 that entrusts the same responsibility to Delimitation Commission to be constituted under Delimitation Act, 2002 — has still not been addressed.

As per government sources, after EC refused to take charge of the delimitation process in view of the above anomaly, the government was considering setting up a Delimitation Commission under Section 62 of the J&K Reorganisation Act. Such a Delimitation Commission would be headed by a sitting or retired Supreme Court judge and have CEC or election commissioner nominated by CEC, as the other member.

There is no word yet on setting up of a Delimitation Commission for UT of J&K.

Meanwhile, a notification issued on Thursday revoked President’s rule imposed in the state of J&K, even as another ushered in central rule for an indefinite period, wherein President will discharge all functions of government of UT of J&K and enjoy all powers exercisable by LG. Powers of legislature of UT of J&K would be exercised under authority of Parliament.

The notification cited a report received from J&K governor that the administration of UT of J&K could not be carried on in accordance with provisions of the Constitution and J&K Reorganisation Act, to invoke Section 73 to “prevent any constitutional and administrative vacuum” and for the proper administration of the UT of J&K.

In another notification issued on Wednesday, the home ministry announced omission of references to “permanent residents or hereditary state subjects” from the state laws applicable to the two new UTs.

