Excelsior Correspondent
SRINAGAR, June 7: Member of Parliament and National Conference leader, Justice (Retd) Hasnain Masoodi has said that any effort of delimitation would be a misadventure and offend the Constitution and the Representation of People’s Act.
In a statement, issued here today, he said that neither the Parliament nor the President have power to amend the Constitution of Jammu and Kashmir in exercise of powers under Articles 356 and 357.
“Such an exercise can be undertaken only after the elections are held, State Assembly and duly elected Government are in place and necessary amendment is made in Section 47 of the Constitution of J&K and Section 3 of J&K representation of People’s Act 1957,” he added while referring about the reports that Union Ministry of Home Affairs is toying with the idea of undertaking delimitation in Jammu and Kashmir before holding Assembly elections.
Reminding that Section 47 of the Constitution by 29th Amendment of 23rd April 2002 has frozen delimitation exercise till the results of first census taken after 2026 are published and corresponding amendment has been made in Section 3 in Representation of People’s Act as well, the former Judge of J&K High Court said that the delimitation at present can be undertaken only after amendment to Section 47 of the Constitution.
“The amendment can be effected only by the elected legislature of the State with requisite majority. The Governor does not have power to amend the Constitution. In terms of Article 356 that has come into play after the imposition of Presidents’ rule, the Legislative power can be exercised by the Parliament, if so declared by the President. In terms of Article 357, the Parliament can confer on the President power of the State Legislature to “make laws”. The power therefore is to remain restricted in both cases i.e the Parliament and the President to “make laws”. Neither the Parliament nor the President have power to amend the Constitution of Jammu and Kashmir in exercise of powers under Articles 356 and 357,” he explained.
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