Dismissing the plea, the then bench of Justices G S Singhvi and Asok Kumar Ganguly had said, "We are of the opinion that a right to cast vote is a valuable right but to demand any uniform value of one's voting right through the process of delimitation, disregarding the statutory and constitutional dispensation based on historical reasons is not a justiciable right."

However, according to legal experts, the amendment to the Constitution can be struck down by Governor Satya Pal Malik but requires a concurrence of Parliament within six months after passing such an ordinance.

The BJP in Jammu and Kashmir has been raising the issue of reorganisation of the state so that Jammu gets a larger share of seats in the 87-member state assembly. As of now, Kashmir region has 46 seats followed by Jammu region with 37 and Ladakh with four.